"Is a motor vehicles dealer's license required in order to list and/or sell mobile homes (even if the mobile home is affixed to land)?"

According to the Division of Motor Vehicles, mobile homes are considered motor vehicles, and therefore a motor vehicles dealer's license is generally required in order to advertise or sell them as an agent for another. However, a dealer's license is not required if the owner (or a previous owner) has cancelled the title to the mobile home, and the mobile home and the land to which it is affixed are being sold together.

To cancel the title, the owner must declare to the Registration Section of the Division of Motor Vehicles that the mobile home is on a permanent foundation (with the wheels dismantled), and that he does not intend to operate the mobile home on the highways. This declaration of intent should be in writing and may be the form of a notation on the face of the title instrument.

When the Division of Motor Vehicles cancels the title, the mobile home becomes part of the real property, and it cannot again be sold as anything but real property until the title is reinstated (for details concerning the reinstatement of titles, owners should be referred to the Division of Motor Vehicles). In addition, once the mobile home becomes a part of the real property, a real estate license would be required in order to sell, lease, etc. it as an agent for another.

It should be pointed out, however, that if the mobile home is to be sold separately from the land on which it sits (even though it is affixed to the real estate and the title has been cancelled), a dealer's license is required.

In summary, a real estate broker without a motor vehicles dealer's license may sell a mobile home as the agent for another only when:

1. The title to the mobile home has been cancelled, and

2. the mobile home and the land on which it sits are sold together

For further information concerning mobile homes and dealer's licenses, you should contact the Registration Section (919/733-3025) or the License and Theft Section (919/733-7872) of the N. C. Division of Motor Vehicles