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FREQUENTLY ASKED QUESTIONS
Q.
Is it true that, when I sell my home, I have to pay the park owner 10%
of the sale price?
A.
You cannot be charged commission by the park owner when your home is
sold on site unless you specifically employed the park owner or manager
as a selling agent. Commission arrangements must be in writing and no
commission is payable to the park owner if the park owner is not
responsible for the home being sold. Any dispute about the sale of the
home or over commission may be heard by the Tribunal. The park owner
must not restrict potential buyers or interfere in the sale unless sale
on site is not allowed.
Q.
Does the rent I have to pay the park owner for the right to keep my
park home in his park increase every year?
A.
If the park owner wants to increase your rent, you must first be given
at least 60 days notice in writing. The notice must show the amount of
the increased rent and the day you must begin to pay it. The letter
should read
something like this, "...the rent increase is payable from 30 June
2006."
For rent to increase during the fixed term period, there must be an
additional term in your Agreement showing the amount and date of the
increase or the method of calculating it. The method must be clear and
not something like "according to prevailing market values." Otherwise,
the rent increase can only start after the fixed term has ended. 60
days written notice must still be provided under these circumstances.
Q.
I am buying a park home from a resident, but the park owner says that I
have to accept a new agreement (contract). Is this true?
A.
No. The original Agreement (contract) entered into between the park
owner and the homeowner when the home was first stationed on the park
remains in force for the whole lifetime of the home and should be
assigned to any new occupier each time the home changes hands.
Q.
Our park has just been sold and the new owner states that we have to
sign new Agreements (contracts). Is this true?
A.
No. As above, the original Agreement entered into when the home was
first stationed on the park remains binding for the whole lifetime of
the home -- despite a new park owner or homeowner.
Q.
My park has just been sold and the new owner has told me that my home
where I have lived for a number of years is too old and that he is
going to
remove it and all the other older homes from the park, as he intends to
redevelop. Can he do this?
A.
No. As long as your home is reasonably maintained, the age of the home
is
not a reason for it to be removed from the park. The park owner cannot
evict any home owner from the park for whatever reason, including
non-payment of rent or condition of the home, without first applying to
the CTTT and obtaining an Order for the Termination of your Agreement
(contract). |
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