Del. Code tit. 25 § 7031

Current through 2024 Legislative Session Act Chapter 269
Section 7031 - Right of first offer; sale to a third-party at a lower price
(a) The community owner may not sell the community to a third-party at or less than the price offered in the alternative offer from the home owner association unless 1 of the following occur:
(1) The offer is withdrawn under § 7030(b) of this title.
(2) The home owner association is given 30 calendar days to match the lower price and all of the material terms and conditions of the lower offer.
(b) The notice of the right to match the lower third-party offer shall be sent to the home owner association by overnight service with signature receipt. The notice must state the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community.
(c) Upon written demand from the home owner association, the community owner must provide the home owner association with tangible evidence of the lower offer received within 3 business days of receipt of the written request from the home owner association by overnight service with signature receipt.
(d) If the home owner association matches the offer within 30 calendar days of receipt of the notice, the community owner is obligated to move to the next step of the negotiation with the home owner association under § 7033 of this title.

25 Del. C. § 7031

Added by Laws 2019, ch. 38,s 32, eff. 12/10/2019.