25 Del. C. ch. 70 § 7033
Right of first offer; contract of sale
Operative Text
(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.
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.
Plain English — not legal advice.
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.
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.
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