Sale or Lease of a Manufactured Housing Community
Effective Aug 23, 1996MGL c. 93A, § 2(c) MGL c. 140, § 32SOffice of the Attorney General
(1) Unfair or Deceptive Acts or Practices· General. It shall be an unfair or deceptive act or practice in violation ofM.G.L. c. 93A for an operator to fail:
- (a) to give notice of any intention to sell or lease all or part of the manufactured housing community, as required underM.G.L. c. 140; § 32R(a);
- (b) to give notice of an offer for such a sale or lease that the operator intends to accept, to the extent required under M. G.L. c. 140, § 3 2R(b ); or ( c) to unreasonably refuse to enter into, or to unreasonably delay the execution or closing on, a purchase and sale agreement or lease with residents who have exercised their right of first refusal to purchase or lease the community under M. G.L. c. 140, § 32R( c) by making a bona fide offer as set forth therein.
- (2) Notice of Proposed Sale or Lease. A bona.fide offer by a third party that the operator intends to accept for purposes ofM.G.L. c. 140, § 32R(b) shall include any offer, except under any of the circumstances described in the last sentence ofM.G.L. c. 140, § 32R(d).
(3) Resjdeots' Ri2ht of First Refusal to Purchase or Lease. For purposes of determining residents' rights to purchase and lease under M.G.L. c. 140, § 32R(c):
(a) "reasonable evidence that the residents of at least 51% of the occupied homes in the community have approved the purchase of the community by such group or association" shall include, without limitation, a document signed by such persons; and
- (b) "a binding commitment for any necessary financing or guarantees" shall include, without limitation, a contract subject to customary and commercially reasonable pre-closing and closing conditions.