Pennsylvania Manufactured Home Community Rights Act Notice

Pennsylvania Act 261 of 1976, now amended, requires that sellers of manufactured and mobile homes notify prospective buyers with information about fees and costs for the park where the home is located. These obligations are similar to those of sellers who live in a condominium or planned community. 

The seller must provide prospective buyers with a list of fees that are or may be charged by the operator of the manufactured home community, along with a disclosure page that informs the buyer of their rights.

The community owner is required to furnish a seller this information upon request. 

The Act requires that sellers obtain fee information from the community owner “Prior to a lessee or occupant in a manufactured home community offering a manufactured home for sale….” (§ 398.11) This means that a seller should request the appropriate information prior to the home being listed in the MLS or marketed in other ways.

A buyer may cancel an agreement of sale where the seller does not obtain a written acknowledgement from the buyer that the disclosures have been provided. This means that failure to give the disclosures makes the transaction voidable, as no acknowledgement could have been received. It also means that sellers who provide the forms but do not get a written acknowledgement are at risk of having the transaction cancelled.

What happens if a seller doesn’t provide the disclosure information?
If the seller doesn’t get written proof that the buyer received the disclosure forms, the buyer can cancel the sale. In other words, if disclosures aren’t given—or if the seller gives them but doesn’t get the buyer’s signed acknowledgement—the buyer has the right to back out of the sale.

Can buyers cancel the agreement of sale if they don’t like the terms/fees that have been disclosed?
No. Buyers can’t cancel the sales agreement just because they don’t like the disclosed terms or fees, unless the contract specifically allows it. They do have 5 days to cancel the separate agreement with the community owner (such as a ground rent contract), but the law does not give them the right to cancel the actual sales agreement.

Is this in place of the usual seller’s property disclosure requirements?
No. The regular Seller’s Property Disclosure is still required. It’s a good idea to include the fee disclosure documents with the seller disclosure form so buyers get all the key information as early as possible.

How Can I Get a Copy of the "Manufactured Home Community Rights Act Notice"?

We will provide you a copy of any Pennsylvania disclosure form for free upon submitting a flat fee MLS listing through our website. We charge a low, one-time flat fee to list your home on the MLS.