25 Del. C. ch. 70 § 7034
Right of first offer; failure to complete sale
Operative Text
If, for any reason except default by the community owner, the homeowner association and the community owner do not complete the sale within the 90-day period under § 7033(c) of this title before the expiration of the extension period agreed to by the parties under § 7033(d) of this title, the right of first offer obligations of the community owner to the homeowner association are terminated, and the community owner may sell, transfer, or convey all or part of the community to any third party at the price offered in the right of first offer, or at a higher price or lower price, for the remainder of the 12-month period that commences on the date of the community owner’s notice of intention to sell, transfer, or convey all or part of the community.
Under 25 Del. C. ch. 70 § 7034, if a sale between a manufactured-home community owner and the homeowner association fails to close within the required 90-day window (or any agreed extension) for reasons other than the community owner's own default, the community owner's obligation to offer the homeowner association the right of first offer ends. Once that obligation is extinguished, the community owner is free to sell, transfer, or convey the community to any outside buyer during the remaining portion of a 12-month window that began when the owner first gave notice of intent to sell. The third-party sale may occur at the same price originally offered, or at a higher or lower price.
Plain English — not legal advice.
Community owners operating under 25 Del. C. ch. 70 § 7034 generally document the timeline of the right-of-first-offer process carefully, including the date of the original notice of intent to sell and any extension agreements reached with the homeowner association. If a sale does not close within the statutory 90-day period or any agreed extension through no fault of the community owner, compliant operators typically confirm in writing that the right-of-first-offer obligation has terminated before proceeding with third-party negotiations. Operators also track the 12-month window from the original notice date, since that period governs how long they may proceed with a third-party sale under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7034 of Title 25 of the Delaware Code affects homeowners living in manufactured-home communities by defining the limits of the homeowner association's right of first offer. If the association was unable to complete a purchase within the required timeframe, residents should be aware that the community owner may proceed with a sale to an outside party, potentially at a different price than what was originally offered to the association. Homeowners who have questions about how this process was conducted, or whether the community owner's default may have been a factor, may wish to consult a tenant-rights organization or attorney familiar with Delaware's Manufactured Home Owners and Community Owners Act.
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