Highland Farms, Inc. and Subsidiary - Page 9

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          purchaser or lessee met the residency requirements of Highland              
          Farms.  Up to the time of the trial petitioner had allowed only             
          two transfers of ownership:  (1) A cluster home owner married               
          another cluster home owner, the wife transferred title of her               
          unit to herself and her new spouse as tenants by the entireties,            
          and petitioner repurchased the husband's unit; and (2) an owner             
          transferred title of his unit to a grantor trust, subject to the            
          same terms and conditions of the purchase agreement.  Up to the             
          time of the trial petitioner had resold each repurchased cluster            
          home for a price higher than its original purchase price.7                  
               The parties stipulated that the testimony of the cluster               
          home purchasers would be that the transactions were always                  
          represented to the purchasers as sales, and that at no time did             
          petitioner make representations to the purchasers, either in                
          writing or orally, that the transactions were loans or mortgages            
          or that there was a mortgagor-mortgagee or lender-borrower                  
          relationship between the parties.  Petitioner, however, contends            
          such a relationship is evident in the purchase agreement.  The              
          parties also stipulated that it was the cluster home purchasers'            
          understanding that they were required to transfer their cluster             
          homes back to petitioner for a percentage (not less than 76                 
          percent) of the original purchase price.  This was also the                 
          understanding of petitioner's president, James Neves.                       


          7 Although it had never happened as of the time of the                      
          trial, if real estate market prices fell, petitioner would resell           
          the repurchased cluster home for a price less than its original             
          purchase price.                                                             




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