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 and in the information given to you before you move in, you are entitled to sell your dwelling on site (other than for parks in Crown reserves and National Parks and Wildlife reserves). Conflicts can be avoided if both you and the park owner are clear on the process before the sale takes place.

‘For sale’ signs

First you must inform the park owner that you want to sell your home before you put up a ‘for sale’ sign. You should read your Agreement to know what restrictions there are 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.

Transferring tenancy agreements

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 won’t let you, you may take the dispute to the Consumer, Trader and Tenancy Tribunal but it is better to have the position clear, if possible, before you begin the sale process.

Commission upon selling

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 Tribunal. The park owner must not restrict potential buyers or interfere in the sale unless sale on site is not allowed.

Sale of homes by residents, including sale to their park owner

Several changes have been made in this area. These are:

• The park owner will be 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 also 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 a park owner unlawfully interfering in the sale of a home by the resident has been increased from $220 to $2,200.
• The Consumer Trader & Tenancy Tribunal (CTTT) has been given jurisdiction to rule on a fair selling price where the resident and park owner enter into negotiations over the sale of a home by the resident to the park owner but a dispute arises over an appropriate amount. The CTTT will have jurisdiction whether or not the proposed sale arises after a notice of termination has been issued by the park owner.
• The CTTT's ruling will be of an advisory nature and is intended to assist the parties in coming to agreement.
• The CTTT will be able to use valuers to assist it in determining an appropriate amount. The CTTT will have the power to determine who pays for the cost of such valuers.
• The location of the home is to have no bearing on the CTTT’s ruling.