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I own a mobile home in a park owned by another party. Could it possibly be a legal tort if I found a potential buyer for my home, and as part of the sale, while the potential buyers would need to fill out an application for residence in the park with land owners, they were informed that a substantial rent increase would be forthcoming, even when no general notice was given and that it might not be a certainty that the increase was a given. In other words....false or misleading information for the purpose of sabotaging the sale. What if this was consistently repeated with multiple sellers?
Feb 10, 2025
Real Estate
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

This is a complex question and is highly fact dependent. In Colorado, if a mobile home park owner provides false or misleading information about rent increases to deter buyers and sabotage sales, it may constitute fraudulent misrepresentation, tortious interference, or a violation of the Mobile Home Park Act (C.R.S. § 38-12-200.1 et seq.). The key issue is whether the park owner acted dishonestly in making these representations, or if not, do you have a claim under another legal theory.

False and Misleading Legal Claims

  • Fraudulent Misrepresentation: Requires proof of false statements, intent to mislead, reliance by the buyer, and resulting damages.

  • Tortious Interference: Applies if misleading statements prevent a valid contract or business expectancy.

  • Violation of the Mobile Home Park Act: Engaging in deceptive practices to prevent home sales could be unlawful under C.R.S. § 38-12-217.

If the statements about future rent increases are true, claims based on misleading statements will not provide relief. Nevertheless, under C.R.S. § 38-12-214, park management from interfering with home sales except in cases where the buyer’s financial qualification, compliance with laws, or criminal history is at issue. If the park management provides truthful statements about a rent increase that is actually planned, those statements alone may not be considered interference.

C.R.S. § 38-12-219 does grant homeowners a private right of action if park management abuses or disregards state or local laws. If truthful statements are used in a misleading or harassing manner, or if they are selectively applied to discourage sales, there may still be grounds for legal action.

Finally, in Duhon v. Nelson, 126 P.3d 262, the court recognized claims for intentional interference with contract, intentional infliction of emotional distress, and outrageous conduct in mobile home park disputes. Even if statements about rent increases are factually accurate, wrongful conduct surrounding those statements—such as selectively discouraging buyers or misleading sellers—could still support a claim.

While truthful statements about future rent increases alone may not constitute interference, other wrongful conduct by the park management could support a claim. Because whether you have a claim at all, and which claims may apply is highly fact dependent, I would recommend speaking to an attorney to discuss your options. If you would like to speak to schedule a case assessment please contact us.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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