If you own your dwelling, you may wish to sell it at some point. In order to help this process run as smoothly as possible, it is important that any restrictions on selling your home are made clear at the beginning of your tenancy. These should also be spelt out in your agreement. If there are no restrictions included in your agreement or in the information provided before you moved in, you are entitled to sell your dwelling on site (other than for parks in Crown reserves and National Parks and Wildlife reserves).
You must inform the park owner that you want to sell your home before erecting a ‘for sale’ sign. You should refer to your agreement for restrictions regarding how and where a ‘for sale’ sign can be displayed. Generally, ‘for sale’ signs should be on or in the home itself and not on the site. If there is nothing in your agreement, the Park Liaison Committee may have negotiated some restrictions about the size of ‘for sale’ signs.
Unless you live in a National Park or on a Crown reserve, the park owner cannot without good reason prevent you from transferring (or assigning) your agreement (ie. where you own a caravan with rigid annexe or a manufactured home).
If you find a buyer who also wishes to rent the site, you should ask the park owner to transfer your agreement to them. This can be done whether or not the fixed term period of your agreement has expired. If the owner does not agree, you may take the dispute to the Consumer, Trader and Tenancy Tribunal (CTTT).
You can not 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 CTTT. The park owner must not restrict potential buyers or interfere in the sale unless sale on site is not allowed.
The park owner is required to specifically disclose in writing to residents before they move in whether selling of the home in the park is prohibited. Unless this information is disclosed and there is a term in the resident’s tenancy agreement about the prohibition, the resident will be able to sell the home while it is in the park.
Park owners will only be able to restrict the use of ‘for sale’ signs that are affixed to the site itself but not signs that are attached to the resident’s dwelling. The maximum penalty for an owner unlawfully interfering in the sale of a home by a resident is $2,200.
The CTTT can rule on a fair selling price if a dispute arises when a resident and park owner are negotiating a price for the sale of a home to the park owner. The CTTT can also rule on whether or not the proposed sale arises after a notice of termination has been issued by the park owner. The CTTT's ruling is of an advisory nature and intended to assist the parties in coming to agreement. The CTTT can use valuers to assist it in determining an appropriate amount and can determine who pays for the cost of such valuers. The location of the home has no bearing on the CTTT’s ruling.
Get a free copy of Adobe Acrobat Reader so you can access PDF versions of our information.