Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 10.00 - Manufactured Housing Community Regulations
Section 10.06 - Sale of a Manufactured Home by Operator

Universal Citation: 940 MA Code of Regs 940.10

Current through Register 1531, September 27, 2024

(1) General. An operator shall not make any false, deceptive, or misleading representation to induce a person to purchase a manufactured home or lease a manufactured home site, or make any representation inconsistent with or contrary to the written occupancy agreement.

(2) Restrictions on Choice of Dealer. A licensee may restrict a tenant or prospective tenant in the choice of a manufactured home dealer for the purchase or lease of a manufactured home only if the manufactured home site on which the home is to be placed is being leased or rented, whether by such operator or any predecessor, as a manufactured home site for the first time. A licensee may reasonably restrict any tenant in the choice of certain brands of manufactured homes for purchase or lease throughout the period of occupancy for the purpose of maintaining a pre-established aesthetic standard in the manufactured housing community. Any such restriction on brands shall be listed in the community rules . A restriction will be presumptively unfair if it substantially limits a tenant's choice of manufactured home dealers. An operator shall not otherwise restrict a resident or prospective resident in the choice of a manufactured home dealer, nor require any person desiring to purchase a previously owned home in a community to first inquire about availability of homes at the community management or sales office, nor otherwise interfere with the inspection, purchasing, or lease of a tenant-owned home or a home being sold by another manufactured home dealer or broker.

(3) Cancellation of Purchase Contract. Any purchaser of a manufactured home located in a manufactured housing community, from an operator or a manufactured home dealer, may rescind the contract for the purchase of the home after execution thereof if:

(a) at the time of executing the contract, the seller or the seller's agent misrepresented, or failed to disclose, to the purchaser or the purchaser's agent that the home could not remain in the community and the purchaser is subsequently not permitted to keep the home in the community; or

(b) the purchaser is rejected for residency in the community.

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