§ 555b-10

555B.10 Limitation on liability. 1. A real property owner who disposes of a mobile home or personal property in accordance with this chapter is not liable for damages by reason of the removal, sale, ordisposal of the mobile home and personal property unless the damage is caused willfullyor by gross negligence. Upon a motion to the district court and a showing that the realproperty owner is not proceeding in accordance with this chapter, the court may enjoin thereal property owner from proceeding further and a determination for the proper dispositionof the mobile home and personal property shall be made. If disposition of the mobile homeor personal property has not occurred in accordance with this chapter, the owner thereofhas a right to recover from the real property owner, any loss caused by failure to complywith this chapter. The burden of proof shall be upon the mobile home or personal propertyowner to show that the real property owner has not complied with this chapter in disposingof a mobile home or personal property. 2. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the real property owner is

of a mobile home or personal property. 2. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the real property owner is not of itself sufficientto establish that the sale was not made in a commercially reasonable manner. If the realproperty owner sells the mobile home and personal property in the usual manner in anyrecognized market or if the real property owner sells at the price current in the market atthe time of the real property owner’s sale or if the real property owner has otherwise sold inconformity with reasonable commercial practices among dealers in the type of mobile homeor personal property sold, the real property owner has sold in a commercially reasonablemanner. A disposition approved in any judicial proceeding shall be deemed conclusively tobe commercially reasonable. 88 Acts, ch 1138, §10C89, §562C.10C93, §555B.1093 Acts, ch 154, §12 Sat Dec 23 11:04:17 2023 Iowa Code 2024, Section 555B.10 (14, 0)