25 Del. C. ch. 70 § 7031
Right of first offer; sale to a third party at a lower price
Operative Text
(a) The community owner may not sell the community to a third party at or less than the price offered in the alternative offer from the homeowner association unless 1 of the following occur: (1) The offer is withdrawn under § 7030(b) of this title. (2) The homeowner association is given 30 calendar days to match the lower price and all of the material terms and conditions of the lower offer. (b) The notice of the right to match the lower third-party offer shall be sent to the homeowner association by overnight service with signature receipt. The notice must state the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community. (c) Upon written demand from the homeowner association, the community owner must provide the homeowner association with tangible evidence of the lower offer received within 3 business days of receipt of the written request from the homeowner association by overnight service with signature receipt. (d) If the homeowner association matches the offer within 30 calendar days of receipt of the notice, the community owner is obligated to move to the next step of the negotiation with the homeowner association under § 7033 of this title.
Under 25 Del. C. ch. 70 § 7031, if a mobile home community owner receives a third-party offer to purchase the community at a price equal to or lower than what the homeowner association previously offered, the owner generally cannot accept that deal without first giving the homeowner association a chance to match it. The homeowner association must receive formal written notice—sent by overnight service with signature receipt—detailing the price and any material conditions of the competing offer. If the homeowner association matches the lower offer within 30 calendar days, the community owner is then obligated to continue negotiations with the association under the process outlined in § 7033.
Plain English — not legal advice.
Community owners operating under 25 Del. C. ch. 70 § 7031 generally ensure that any third-party offer at or below the homeowner association's prior alternative offer triggers a formal notification process before any sale can proceed. Compliant operators send notice of the lower offer by overnight service with signature receipt, clearly stating the price and all material conditions. If the homeowner association requests tangible evidence of the third-party offer in writing, operators typically provide that documentation within 3 business days via overnight service with signature receipt.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7031 of Title 25 of the Delaware Code gives homeowner associations a meaningful opportunity to match any lower third-party purchase offer before a community owner can sell to an outside buyer. If you are a member of a homeowner association in a mobile home community, the association's rights under § 7031 include receiving formal notice of the competing offer and having 30 calendar days to respond. Residents interested in understanding how these collective rights work in practice may benefit from consulting a tenant-rights organization or a housing attorney familiar with Delaware's manufactured-home community statutes.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation