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Office of the Revisor of Statutes
2006 Minnesota Statutes
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Chapter 327C
Section 327C.07
Topics
Recent History
- 2022 327C.07 Revisor Instruction 2022 c 55 art 2 s 3
- 2010 Subd. 3a Repealed 2010 c 347 art 3 s 75
- 2010 Subd. 8 Repealed 2010 c 347 art 3 s 75
- 2003 Subd. 7 Amended 2003 c 2 art 2 s 4
- 1997 Subd. 2 Amended 1997 c 61 s 2
This is an historical version of this statute chapter. Also view the most recent published version.
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.
This home has ...... (number) of exits. They are located ................................... .
This home is equipped with fire extinguishers as required by the Minnesota state Health
Department.
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.
This home has aluminum electrical wiring.
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.
B. This home has electrical outlets and switches compatible with aluminum electrical wiring.
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.
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.
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.
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.
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.
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.
This home is supported by a support system, as required by state code since September 1,
1974.
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.
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.
History: 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
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 is equipped with fire extinguishers as required by the Minnesota state Health
Department.
| Yes ..... |
No ..... |
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 ..... |
| Yes ..... |
No ..... |
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 ..... |
| Yes ..... |
No ..... |
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 ..... |
United States Department of Housing and Urban Development codes governing manufactured
housing construction.
| Yes ..... |
No ..... |
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 ..... |
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 ..... |
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 ..... |
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 ..... |
1974.
| Yes ..... |
No ..... |
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 |
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.
History: 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
Official Publication of the State of Minnesota
Revisor of Statutes