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| HOME LATEST INFORMATION FAQS RESOURCES & LINKS HOMES FOR SALE LOBBYING CONTACT US |
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| FREQUENTLY ASKED QUESTIONS Q. I want to sell my Park Home. What is the correct procedure? A. First, obtain an independent valuation. Your local estate agent would do this for you. Advertise either privately or use an estate agent and/or place a "For Sale" sign in the window. Once you have a prospective buyer, inform the park owner in writing, giving the name and address of your prospective buyer. The park owner must respond in writing within 28 days, either giving approval or otherwise of the buyer. If approval is refused, the park owner must give his reasons and not withhold approval unreasonably. The park owner can only withhold approval of the buyer due to poor credit rating, etc. He must not seek to impose any conditions on the sale, e.g., age or condition of the home, etc. 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 extra 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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