Manufactured Homes Are Typically Not Real Estate in Texas

San Antonio Texas Real Estate Attorney Trey Wilson wrote:

In Texas, "manufactured homes" are generally considered personal property, and not real property. In that regard, the sale and registration of manufactured homes are regulated by the Manufactured Housing Division of the Texas Department of Housing & Community Affairs, and NOT the Texas Real Estate Commission.  Further, retailers/dealers of manufactured homes are not required to obtain TREC licenses.

The exception to this classification as personal property exists only where all of the following factors are present:

• an owner of a manufactured home has elected in writing to treat the property as real property;
• the manufactured home is attached to real estate (land) that is owned or leased (on a long-term basis) to the home's owner;
• the Manufactured Housing Division has approved the election in accordance with Section 1201.207 of the Texas Occupations Code and issued a certified statement of ownership and location; and 
• a certified copy of the statement of ownership and location has been filed in the real property records in the county in which the home is located.

The difference between being classified as real property versus personal property has tremendous legal implications -- especially when it is time to sell or convey a manufactured home.