New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 112

112 Appointing a selling agent

(1) A home owner may appoint the operator of the community or another person as a selling agent to sell, or to negotiate the sale of, the home.

(2) An operator cannot require a home owner--

(a) to appoint the operator or any other person as selling agent, or

(b) to use the services of the operator or any other person,

in connection with the sale or negotiation of the sale of the home, either under the terms of the site agreement or otherwise. Such a requirement is unenforceable.

(3) If the home owner appoints a person other than the operator as selling agent, the operator must not unreasonably hinder the appointed person's access to the community.

: Maximum penalty--50 penalty units.

(4) When the operator acts as a selling agent, the operator is not required to hold--

(a) a licence as agent under the Property and Stock Agents Act 2002 , or

(b) a motor dealer's licence under the Motor Dealers and Repairers Act 2013 .