2005 Minnesota Statutes

     327C.07 In park sales. 

    Subdivision 1.    Resident's rights.  Except as 
 otherwise provided in this section, a resident has the right to 
 sell a home through an in park sale.  The park owner may not 
 charge a fee for allowing the resident to exercise this right, 
 except to charge a fee of up to $25 for processing a prospective 
 buyer's tenancy application.  If the park owner is licensed as a 
 dealer, the park owner may agree in writing to broker the in 
 park sale of a resident's home.  The park owner may not require 
 a resident to use the park owner's services as a broker.  The 
 park owner may not give preferential treatment to applications 
 for tenancy from people seeking to buy homes whose in park sale 
 is being brokered by the park owner. 

    Subd. 2.    Park owner's rights.  Any in park sale is 
 subject to the park owner's approval of the buyer as a 
 resident.  A park owner may not deny a prospective buyer 
 approval as a resident unless:  

    (a) the park owner has specified in writing the procedures 
 and criteria used to evaluate the creditworthiness and 
 suitability as a resident of individuals seeking to buy homes 
 offered for in park sale; 

    (b) the written disclosure required by clause (a) is 
 included with the rental application and is available at no 
 charge to residents, prospective buyers, and their agents; 

    (c) the park owner is available to the prospective buyer at 
 reasonable times if the park owner requires the prospective 
 buyer to apply or be interviewed in person; 

    (d) all the specified procedures and criteria are 
 reasonable and applied uniformly; 

    (e) in evaluating a prospective buyer, the park owner does 
 not use any stricter standards than it uses for evaluating other 
 prospective residents; 

    (f) the park owner does not deny tenancy to a prospective 
 buyer for any reason prohibited by federal, state or local law; 

    (g) within 14 days of receiving a completed application 
 form, the park owner makes a decision or gives the prospective 
 buyer and the seller a written explanation of the specific 
 reasons for the delay and makes a decision as soon as 
 practicable; 

    (h) if the park owner denies tenancy to a prospective 
 buyer, the park owner gives the prospective buyer a written 
 explanation of the denial within three days of receiving a 
 written request for an explanation; and 

    (i) the decision to deny tenancy is reasonable in light of 
 the criteria set forth in section 327C.01, subdivision 8.  

    Subd. 3.    Application information.  When the 
 prospective buyer of an in park sale seeks approval as a 
 resident, the park owner may require the prospective buyer to 
 submit information reasonably necessary to determine whether the 
 prospective buyer satisfies the park's criteria as stated by the 
 park in its rules.  The required information may include the 
 purchase price of the home and the amount of monthly payments on 
 the home, together with any documents reasonably necessary to 
 verify the information.  The park owner may inquire into the 
 creditworthiness of the prospective buyer but may not require 
 the submission of any information concerning the business 
 relationship between the seller and a dealer acting for the 
 seller.  

    Subd. 3a.    Safety feature disclosure form.  A resident 
 or a resident's agent shall disclose information about safety 
 features of the home to the prospective buyer.  The information 
 must be given to the buyer before the sale, in writing, in the 
 following form:  

    This form is required by law to be filled out and given to 
 the prospective buyer of any used manufactured home by all 
 private parties, dealers, and brokers.  

    This home has at least one egress window in each bedroom, 
 or a window in each bedroom that meets the specifications of the 
 American National Standard Institute 1972 Standard A119.1 
 covering manufactured homes made in Minnesota.  This standard 
 requires that the window be at least 22 inches in least 
 dimension, and at least five square feet in area, and that the 
 window be not more than four feet off the floor.  Egress windows 
 installed in compliance with the United States Department of 
 Housing and Urban Development Manufactured Home Standards or the 
 State Building Code are deemed to meet the requirements of this 
 section.  

                               Yes .....    No ..... 

    This home has ...... (number) of exits.  They are located 
 ................................... .  

    This home is equipped with fire extinguishers as required 
 by the Minnesota state Health Department.  

                               Yes .....    No ..... 

    They are located ...................................... 
 .......................................................  

    This home is equipped with at least one listed automatic 
 smoke detector outside each sleeping area as required in homes 
 built in accordance with the State Building Code.  

                               Yes .....    No ..... 

    This home has aluminum electrical wiring.  

                               Yes .....    No ..... 

    Aluminum electrical wiring can present a fire hazard in 
 homes.  The special hazards presented by aluminum electrical 
 wiring can be eliminated by certain repairs, as recommended by 
 the United States Consumer Product Safety Commission.  

    A.  The wiring connections to the outlets in this home have 
 been crimped, and the connection point is now copper. 

                               Yes .....    No ..... 

    B.  This home has electrical outlets and switches 
 compatible with aluminum electrical wiring. 

                               Yes .....    No ..... 

    C.  Other action has been taken to eliminate or reduce the 
 danger caused by aluminum electrical wiring in this home.  
 (Describe) 
 .......................................................... 
 .......................................................... (The 
 buyer may check the effectiveness of these methods by contacting 
 the United States Consumer Product Safety Commission.) 

    The furnace compartment in this home is lined with gypsum 
 board, as specified in the 1976 United States Department of 
 Housing and Urban Development codes governing manufactured 
 housing construction.  

                               Yes .....    No ..... 

    The water heater enclosure in this home is lined with 
 gypsum board, as specified in the 1976 United States Department 
 of Housing and Urban Development codes governing manufactured 
 housing construction.  

                               Yes .....    No ..... 

    This home contains a solid fuel burning stove.  This stove 
 was installed by the manufacturer of the home after June 15, 
 1976, and was inspected for compliance with the United States 
 Department of Housing and Urban Development Manufactured Home 
 Standards.  

                               Yes .....    No ..... 

    This home contains a solid fuel burning stove.  This stove 
 unit is approved for installation in manufactured homes.  It was 
 installed by ......................... in accordance with the 
 manufacturer's guidelines.  A building permit for this stove was 
 issued by the city of ...................., and this stove 
 installation has been approved by the building official.  

                               Yes .....    No ..... 

    This home contains a solid fuel burning fireplace.  The 
 fireplace was installed by the manufacturer of the home after 
 June 15, 1976, and was inspected for compliance with the United 
 States Department of Housing and Urban Development Manufactured 
 Home Standards.  

                               Yes .....    No ..... 

    This home contains a solid fuel burning fireplace.  This 
 fireplace unit is approved for installation in manufactured 
 homes.  It was installed by ......................... in 
 accordance with the manufacturer's guidelines.  A building 
 permit for this fireplace was issued by the city of 
 ...................., and this fireplace installation has been 
 approved by the building official.  

                               Yes .....    No ..... 

    This home is supported by a support system, as required by 
 state code since September 1, 1974.  

                               Yes .....    No ..... 

    It is also recommended that the buyer check the home's heat 
 tape.  Old and worn heat tape, and improper installation of heat 
 tape, can cause a fire hazard.  

    It is recommended that the buyer have a qualified utility 
 representative check the furnace and water heater to see that 
 they are both in good working order.  If this home was converted 
 from oil to natural gas heat, there could be safety problems if 
 the conversion was not done correctly.  A utility representative 
 or building official can inspect the condition and installation 
 of this equipment.  They may charge a reasonable fee to do so.  
 It is also recommended that the buyer check the floor area 
 around the water heater and furnace compartments.  A weakened 
 floor can create a fire hazard.  

    It is also recommended that the buyer have a utility 
 approved energy audit of the home.  

    If you purchase the home, you will be required to install 
 egress windows within one year and smoke detectors and fire 
 extinguishers within 30 days.  You will be required to comply 
 with all of the safety features contained in this form within 
 three years.  

    I, .........................., the undersigned, hereby 
 declare that the above information is true and correct to the 
 best of my knowledge.  

                               .......................... 
                               Signature 
                               ..........................

                               Date

    A park owner shall provide a resident or a resident's agent 
 with a copy of the safety feature disclosure form upon request.  

    Subd. 4.    Inspections of the home.  Before approving 
 an in park sale, the park owner may inspect the resident's lot 
 and the exterior of the resident's manufactured home to see 
 whether they comply with reasonable and preexisting rules 
 applicable to the resident and relating to maintenance.  The 
 park owner may not charge any fee for this inspection.  As a 
 condition to approving an in park sale, the park owner may 
 require that the resident or the prospective buyer take whatever 
 action is necessary to bring the lot or the home exterior into 
 compliance with preexisting maintenance rules applicable to the 
 resident, and may require that any lot rent and other charges 
 due to the park be paid.  The park owner may require the 
 prospective buyer to agree to rules different from those 
 applicable to the resident, but the park owner may not require 
 the prospective buyer or the resident to comply with any rule 
 adopted or amended after the resident entered into the rental 
 agreement which would:  

    (a) significantly increase the difficulty or time involved 
 in selling the resident's home; 

    (b) significantly decrease the price at which the 
 resident's home can be sold; or 

    (c) involve any other significant cost for either the 
 resident or the buyer, except for costs involved in doing any 
 work necessary to bring the home or lot into compliance with 
 preexisting maintenance rules applicable to the resident.  

    Provided that if a part of the resident's home, shed, or 
 other appurtenance has become so dilapidated that repair is 
 impractical and total replacement is necessary, the park owner 
 may require the resident or prospective buyer to make the 
 replacement in conformity with a generally applicable rule 
 adopted after the resident initially entered into a rental 
 agreement with the park owner.  

    Subd. 5.    Temporary vacancy of home.  If a home is 
 being offered for in park sale, the home may remain vacant for 
 90 days, or longer if not prohibited by park rules.  The park 
 owner may not impose any additional fees or requirements on the 
 owner of a vacant home being offered for in park sale, but the 
 rent must be paid on time and the home and the lot must be 
 maintained as required by the rules.  

    Subd. 6.    Sales contingent.  Any contract for an in 
 park sale which is not expressly made contingent on the park 
 owner's approval of the buyer as a resident is voidable at the 
 instance of the buyer if the park owner's approval is denied.  
 Any person who sells, or signs a contract purporting to sell, a 
 home located in a park while representing, either directly or 
 indirectly, that the buyer can maintain the home in the park, 
 and who does not inform the buyer in writing that the sale is 
 contingent on the park owner's approval of the buyer as a 
 resident has violated section 325F.69, subdivision 1. 

    Subd. 7.    Repossessing finance parties.  Any holder of 
 a security interest who repossesses a manufactured home located 
 in a park has the same rights as a resident to sell the home 
 through an in park sale if:  

    (a) as soon as the secured party either accepts voluntary 
 repossession or takes any action pursuant to sections 327.61 to 
 327.67, the secured party notifies the park owner that the home 
 has been or is being repossessed; 

    (b) at the time the park owner receives the notice, the 
 park owner has not already recovered possession of the lot 
 through an eviction proceeding; 

    (c) the secured party pays any past due lot rent not to 
 exceed three months rent; 

    (d) the secured party makes monthly lot rent payments until 
 a buyer of the repossessed home has been approved by the park 
 owner as a resident.  A secured party's liability for past due 
 rent under this subdivision does not include late fees or other 
 charges; and 

    (e) the secured party complies with all park rules relating 
 to lot and home maintenance.  

    A secured party who is offering a home for in park sale 
 under this subdivision is subject to eviction on the same 
 grounds as a resident.  

    Subd. 8.    Compliance with home safety features.  
 Within 12 months following the in park sale of a home for which 
 a home safety feature disclosure form has been provided under 
 subdivision 3a, the buyer shall install egress windows meeting 
 the specifications of the American National Standard Institute 
 1972 Standard A119.1 covering manufactured homes made in 
 Minnesota.  Within 30 days following the in park sale of a home 
 for which a home safety feature disclosure form has been 
 provided under subdivision 3a, the buyer shall install fire 
 extinguishers and smoke detectors as required by the Minnesota 
 state Health Department and State Building Code. 

    In addition to the previous requirements, within three 
 years following the sale or upon the resale of the home the 
 buyer shall install the following home safety features:  

    (a) Necessary aluminum electrical wiring repairs conforming 
 with the recommendations of the Consumer Product Safety 
 Commission; 

    (b) Gypsum board lining or similar fire-resistant material 
 for furnaces and water heater enclosures conforming with the 
 Department of Housing and Urban Development Manufactured Home 
 Standards; 

    (c) If the home contains a solid fuel burning stove or 
 fireplace, installation in conformance with Department of 
 Housing and Urban Development Manufactured Home Standards; and 

    (d) Support systems as required by the State Building Code. 

    Following installation of the safety features required 
 under this subdivision, the home must be inspected by a state 
 certified building official.  The official may charge a 
 reasonable fee, not to exceed $50, for the inspection.  The 
 homeowner shall give the park owner a certificate of inspection 
 certifying that the home safety features required under this 
 subdivision have been installed.  This subdivision does not 
 impose any duty or obligation upon a broker, dealer, lender, or 
 park owner to monitor completion of any repairs required, nor 
 does it impose liability on any broker, dealer, lender, or park 
 owner for any injury or claim of whatever nature, which may 
 arise as a result of the failure of the buyer of the home to 
 comply with the home safety features required herein.  Failure 
 to comply with the requirements of this subdivision is a park 
 rule violation for purposes of section 327C.09.  

    HIST: 1982 c 526 art 2 s 7; 1983 c 206 s 2-4; 1984 c 406 s 
 2,3; 1986 c 444; 1Sp1986 c 3 art 1 s 36; 1987 c 384 art 1 s 32; 
 1997 c 61 s 2; 2003 c 2 art 2 s 4