25 Del. C. ch. 70 § 7036
Right of first offer; affidavit of compliance
Operative Text
Affidavit of compliance with the requirements of this subchapter. (1) A community owner may, if appropriate under the circumstances, record in the Registry of Deeds of the county in which the community is located an affidavit in which the community owner certifies to 1 of the following: a. The manufactured home community owner has complied with the requirements of this section, and has included a copy of the notice sent to the residents of the community. b. The sale, transfer, or conveyance of the community is exempt from this section, under § 7026(c) of this title. (2) A party acquiring an interest in a manufactured home community, and title insurance companies and attorneys preparing, furnishing, or examining any evidence of title, have the right to rely on the truth and accuracy of all statements appearing in an affidavit recorded under this section and are under no obligation to inquire further as to any matter or fact relating to the community owner’s compliance with the provisions of this subchapter IV of this chapter.
Section 7036 of Delaware's manufactured home community law (25 Del. C. ch. 70) establishes a formal affidavit mechanism that community owners may use to document compliance with the right-of-first-offer requirements—or to certify that a sale is exempt from those requirements under § 7026(c). Once such an affidavit is recorded with the county Registry of Deeds, buyers, title insurance companies, and attorneys reviewing title are legally entitled to rely on the statements in that affidavit without conducting further inquiry into whether the owner actually followed the subchapter's notice rules. The provision effectively creates a safe harbor in the chain of title, allowing real estate transactions involving manufactured home communities to proceed with greater certainty.
Plain English — not legal advice.
Community owners operating under 25 Del. C. ch. 70 § 7036 who have satisfied the right-of-first-offer notice requirements—or whose transaction qualifies for an exemption under § 7026(c)—generally record a compliant affidavit with the county Registry of Deeds to memorialize that fact. A well-prepared affidavit typically includes a copy of the notice sent to residents, or a clear statement of the applicable exemption. Recording this document can help facilitate a smoother closing by giving buyers, title companies, and attorneys a reliable basis to confirm compliance without additional investigation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. ch. 70 § 7036, when a community owner records an affidavit claiming compliance with the right-of-first-offer rules, that recorded document becomes part of the public title record and can be reviewed at the county Registry of Deeds. Residents who believe the affidavit's statements are inaccurate—for example, that proper notice was never actually sent—may have grounds to challenge the transaction, since the affidavit's protections depend on the truthfulness of its contents. Tenant-rights organizations familiar with Delaware manufactured home community law can help residents understand what the notice requirements entail and what options may be available if those requirements were not met.
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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