(1) If there is a sale or other change in control of a mobile home park while a complaint filed pursuant to section 38-12-1105 is pending before the division or prior to the landlord's compliance with all remedial actions and penalties ordered by the division as a result of a complaint that was previously filed, the landlord at the time that the complaint was filed shall, as a prior condition of the sale or change in control of the mobile home park: (a) Provide all documents related to the complaint, including any notice of violation or final agency order issued by the division, to a prospective buyer as part of the due diligence process of any sale; (b) Pay all penalties ordered by the division in a final agency order and submit an affidavit of compliance to the division; and (c) For a pending complaint in which the division has not issued a final agency order, if requested by the prospective buyer or ordered by the division, place into an escrow account money sufficient to cover either the remediation cost or an estimated penalty that could be assessed by the division. The seller is entitled to the return of money placed in escrow if no violation is found in a final agency order. (2) If the division orders one or more remedial actions in a final agency order prior to the sale of a mobile home park: (a) The landlord shall complete all remedial actions prior to the sale and submit an affidavit of compliance to the division; or (b) The landlord and the prospective buyer shall jointly submit to the division a written remedial plan that requires all remedial actions to be completed within one year. The division may accept or reject the proposed remedial plan and assess penalties against either party if a remedial plan submitted pursuant to this section is not completed. (3) If there is a sale or other change in control of a mobile home park while a complaint is pending before the division, the division may add any landlord successor in interest as a party with no further action needed by the filing party.
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