Buying a mobile home in Massachusetts

Q: What must a Massachusetts park disclose to a buyer before move-in?

All terms in writing. Under M.G.L. c.140 §32P, 'all terms and conditions of occupancy must be fully disclosed in writing ... at a reasonable time prior to the rental or occupancy,' including 'the amount of rent, an itemized list of any charges or fees, the names and addresses of all the owners ... and the rules and regulations,' plus a notice of the resident's rights. This is general information, not advice about a specific purchase — consider consulting a licensed attorney in Massachusetts.

Q: Can a Massachusetts park reject a buyer who wants to stay in the community?

Not if the buyer meets the rules. Under §32M, the 'prospective purchaser and members of his household may not be refused entrance if they meet the current rules of the community,' and a violation is an unfair or deceptive trade practice under c.93A.

Q: Is a Massachusetts buyer entitled to a long-term lease?

Yes — a five-year lease offer. Under §32P, the disclosure must contain a 'bona fide, good faith offer to each new tenant ... for a rental agreement with a term of five years ... at fair market rental rates subject to any applicable rent control restrictions, as an alternative to any other proposed term lengths.'

Massachusetts's Manufactured Housing Community law, M.G.L. Chapter 140, gives a buyer substantial information and protection: full written disclosure before move-in, a five-year lease offer, and the right of a qualified buyer to enter the community. The information below describes how the law generally works; anyone buying should consider consulting a licensed attorney in Massachusetts.

What the statute says

M.G.L. c.140 §32P front-loads disclosure: "all terms and conditions of occupancy must be fully disclosed in writing by the manufactured housing community owner to any prospective ... resident at a reasonable time prior to the rental or occupancy," and the disclosure "shall include, but shall not be limited to, the amount of rent, an itemized list of any charges or fees, the names and addresses of all the owners ... and the rules and regulations." That same writing must contain the "bona fide, good faith offer ... for a rental agreement with a term of five years ... at fair market rental rates subject to any applicable rent control restrictions."

A qualified buyer's entry is protected by §32M: the "prospective purchaser and members of his household may not be refused entrance if they meet the current rules of the community." The home a buyer is purchasing is, by §32Q, a structure "built in conformance to the National Manufactured Home Construction and Safety Standards" — the federal HUD code.

How it works in general

Before committing, a Massachusetts buyer must receive a written disclosure of the rent, an itemized list of every charge or fee, the names and addresses of the owners, and the community rules, together with a statement of the buyer's rights and a five-year lease offer. A buyer who meets the community's current rules cannot be refused entrance, so a purchase of a home in place is protected. The home itself is HUD-code construction, and it is taxed through the community's monthly municipal license fee rather than as real estate (see the Massachusetts title and taxes guide). Reviewing the written disclosure, the rules, and the lease offer is the key step.

Common scenarios

General examples Massachusetts buyers commonly encounter:

A buyer asks what they are getting into. The park must disclose rent, itemized charges, owners, and rules in writing before occupancy (§32P).
A buyer who meets the rules is told they can't move in. Section 32M forbids refusing a qualified buyer entrance.
A buyer wants a stable term. The disclosure must include a five-year lease offer (§32P).

Other authorities that may apply

Title 32F–32S governs the disclosure, the five-year lease offer, and the buyer's right of entry; a violation is an unfair or deceptive practice under c.93A (§§32M, 32L(7)), and the Attorney General's manufactured-housing regulations (940 CMR 10.00) also apply. The home's construction follows the federal HUD code (§32Q), and the bill of sale, the disclosure, and any financing documents are the core papers to review.