25 Del. C. ch. 70 § 7033

Right of first offer; contract of sale

In Force
Verified 10/21/2026 · Next check 10/28/2026
effective 10/21/2026DelawareCondo Conversion

Operative Text

25 Del. C. ch. 70 § 7033
(a) If a homeowner association responds to the notice of right of first offer under § 7029 of this title, or if the community owner agrees to sell the community to the homeowner association under § 7030 of this title, the homeowner association has an additional 30 days to formalize the agreed price, terms, and conditions into a contract of sale. This 30-day period may not be used to renegotiate the price, terms, or conditions agreed to during the first 30-calendar-day period unless mutually agreed to in writing. Time is of the essence.

(b) Failure of the homeowner association to formalize a contract of sale during the 30-day period following an agreement of price, terms, and conditions eliminates any right of the homeowner association to purchase the community during the remainder of the 12-month period that commenced on the date of the community owner’s notice of intention to sell, transfer, or convey all or part of the community.

(c) Upon a formalized contract of sale being signed by both parties, the change of ownership of the community must be completed within 90 days. Time is of the essence.

(d) (1) The completion date may be extended beyond the 90-day period if both parties agree to an extension. However, neither party is obligated to agree to an extension.

(2) An agreement to extend the settlement date must be in writing and signed by both parties to the transaction.

(3) If the parties did not fully exhaust the 30-day periods under subsections (a) or (b) of this section or § 7029(a) of this title, any unused days may be added to the 90-day period in subsection (c) of this section by either party by providing written notification to all other parties within 5 business days prior to the end of the 90-day period. The time period for calculation of unused days is from the dates of mailing of the notices required by each section.
Source: Legislative text reproduced verbatim
Plain English

Under 25 Del. C. ch. 70 § 7033, once a homeowner association and a community owner reach agreement on price, terms, and conditions for a sale, the association has 30 days to formalize that agreement into a signed contract of sale—without reopening negotiations unless both sides agree in writing. After the contract is signed, the ownership transfer must close within 90 days, though unused days from earlier notice periods can be added to that window. Extensions beyond 90 days require written, mutual consent, and neither party is obligated to grant one.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Community owners operating under 25 Del. C. ch. 70 § 7033 generally document all agreed terms clearly before the contract-formalization period begins, since that 30-day window is not available for renegotiation. Compliant operators track deadlines carefully, noting that time is of the essence at each stage, and ensure any extension of the 90-day closing period is memorialized in a signed written agreement. Keeping records of mailing dates for all required notices helps accurately calculate any unused days that may be added to the closing period.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Residents in a manufactured-home community benefit from § 7033's structured timeline, which gives their homeowner association a defined window to convert a negotiated deal into a binding contract and then close the purchase. If the association misses the 30-day formalization deadline, it loses purchase rights for the remainder of the 12-month sale-notice period, so staying informed about your association's progress matters. Tenant-rights organizations familiar with Delaware mobile-home-park law can help residents understand how these deadlines affect their community's opportunity to achieve resident ownership.

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

Current
Oct 21, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

25 Del. C. ch. 70
25 Del. C. § 7013
25 Del. C. § 7003
25 Del. C. § 7020
25 Del. C. § 7018
25 Del. C. § 7007
25 Del. C. § 7015
25 Del. C. § 7013
25 Del. C. § 7024
25 Del. C. § 7007
25 Del. C. § 7014
25 Del. C. § 7020
25 Del. C. § 7009
25 Del. C. § 7021
25 Del. C. § 7016
25 Del. C. § 7008
25 Del. C. § 7013
25 Del. C. § 7022B
25 Del. C. § 7051
25 Del. C. § 7015
25 Del. C. § 7022
25 Del. C. § 7013
25 Del. C. § 7024
25 Del. C. § 7016
25 Del. C. § 7015
25 Del. C. § 7051A
25 Del. C. § 7052B
25 Del. C. § 7052A
25 Del. C. § 7051
25 Del. C. § 7053
25 Del. C. § 7066
25 Del. C. § 7061
25 Del. C. § 7065
25 Del. C. § 7014
25 Del. C. § 7032
25 Del. C. § 7036
25 Del. C. § 7030
25 Del. C. § 7027
25 Del. C. § 7030
25 Del. C. § 7033
25 Del. C. § 7033
25 Del. C. § 7029
25 Del. C. § 7030
25 Del. C. § 7033
25 Del. C. § 7015
25 Del. C. § 7033
25 Del. C. § 7026
25 Del. C. § 7042
25 Del. C. § 7053
25 Del. C. § 7046
25 Del. C. § 7024
25 Del. C. § 7016
25 Del. C. § 7015
25 Del. C. § 7024
25 Del. C. § 7044
25 Del. C. § 7042
25 Del. C. § 7042
25 Del. C. § 7052
25 Del. C. § 7043
25 Del. C. § 7051
25 Del. C. § 7052B
25 Del. C. § 7022
25 Del. C. § 7003

Related Rules

§ 10-2.1
Definitions
§ 5-4-1-2
PURPOSE, DECLARATION OF POLICY
§ 5-4-1-5
APPLICABILITY OF PROVISIONS

Source Information

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Fetched:Oct 21, 2026, 05:25 PM UTC