Can a Delaware manufactured home community block a resident from selling their home in place?

Generally no. Under 25 Del. C. §7013, the rental agreement transfers automatically to a qualifying buyer, and §7008 prohibits rental agreement provisions that require a resident to sell through the landlord. The park may require a buyer application and conduct an exterior inspection, but outright interference with an in-place sale is not permitted. This is general information, not legal advice about a specific sale.

What notice must a Delaware seller give the park before selling?

Section 7013 requires two notices: first, notice of intent to sell before listing; second, written notice at least 3 weeks before the scheduled sale, including the buyer's name and address, the proposed sale price and terms, and a written statement or bill of sale.

Can a Delaware park reject a buyer?

The park may require a buyer to submit an application under §7020(d) and must respond within 10 days of receiving the application. If rejected, the park must provide a written explanation. The process mirrors standard tenant screening rather than open-ended discretion.

Selling a manufactured home in Delaware

Q: Does a Delaware park have a right of first refusal on a home sale?

Yes, in a specific form. Section 7013 gives the community owner the right to purchase the home at a price 10% higher than the contract price. The owner must respond within 7 days of receiving notice or the right expires. The right does not apply to foreclosures, sales to family members, transfers between joint tenants, gifts, or transfers by operation of law.

Delaware's Manufactured Home Owners and Community Owners Act (25 Del. C. Chapter 70) protects a resident's ability to sell a manufactured home in place in a community. The rental agreement generally transfers automatically to a qualified buyer, the park has a limited and time-bound right of first refusal, and several prohibited-provision rules in §7008 prevent the lease from being used to obstruct an in-place sale. What follows is a general overview; consulting a licensed attorney in Delaware is advisable for a specific sale transaction.

What the statute says

Section 7013 establishes the automatic transfer framework. When all notice requirements are met and the buyer is qualified:

The rental agreement transfers automatically to a buyer unless the homeowner fails to comply with required procedures or the right to transfer is terminated.

On the park's right of first refusal:

The community owner may purchase the home at a price that is 10% higher than the contract price. The owner must respond within 7 days of receiving notice or the right expires.

Section 7008 lists prohibited rental agreement provisions and expressly bars any term that requires a resident to "sell/transfer homes through landlord." It also bars any provision requiring the tenant to hand over home keys to the landlord.

How it works in general

A resident who wants to sell their home in a Delaware community must follow §7013's two-step notice process: notify the community owner of the intent to sell before listing, then provide written notice at least 3 weeks before the scheduled closing, including the buyer's name and address, the sale price, and a bill of sale or written statement. The community owner then has 7 days to exercise the right of first refusal at 10% above the contract price or let the right expire. If the park passes, the buyer applies for lot tenancy under §7020(d), and the park has 10 days to accept or reject the application with a written explanation for any denial. A qualified buyer steps into the existing rental agreement on the same terms.

The community may also conduct an exterior inspection of the home before the sale to verify it meets resale standards for appearance, maintenance, safety, and code compliance. The inspection must follow the procedures in §7007(c).

Common scenarios

General examples Delaware community residents commonly encounter:

A resident lists a home for sale. The first step under §7013 is notifying the community owner of the intent to sell before putting it on the market.
A buyer is identified. The seller must provide at least 3 weeks' written notice before closing, including the buyer's details, sale price, and supporting documents.
The park invokes the right of first refusal. The park has 7 days to respond and must offer 10% above the contract price; failure to respond within 7 days extinguishes the right.
A buyer's application is submitted. The park has 10 days to act on it; if rejected, a written explanation is required.
A lease clause purports to require sale through the park or to give the park an unrestricted right of first refusal. Section 7008 prohibits such provisions.

Other authorities that may apply

The DMV title framework governs the actual transfer of ownership and recording of any liens or lienholder releases. The written rental agreement, as modified or renewed under §7009, defines the specific terms a buyer inherits. Federal housing and lending programs — including FHA Title I and Title II, and Fannie Mae's MH Advantage — have their own requirements for manufactured home sales. The Fair Housing Act applies to buyer screening. Where a home is being sold in connection with a community conversion, Subchapter III's change-in-use protections and the relocation trust fund under Subchapter V may also be relevant.