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RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 115
Disputes relating to sale
115 Disputes relating to sale
(1) A home owner, prospective home owner, operator or selling agent may apply
to the Tribunal for the resolution of any dispute concerning the sale of the
home, the terms of the proposed site agreement or the proposed site fees, in
particular-- (a) any dispute about compliance with a provision of this Part,
and
(b) any dispute about whether a sale commission, incidental expense or
other fee or charge is payable to the operator or agent in relation to the
sale of the home, and
(c) any dispute about the amount of a sale commission,
incidental expense or other fee or charge payable or paid to the operator or
agent in relation to the sale of the home (including a claim that a sale
commission is excessive when compared to sale commissions charged by local
real estate agents), and
(d) any dispute about interference by the operator
or another person with the sale of the home, and
(e) any dispute about the
reasonableness of a decision by the operator not to enter into a
site agreement with a purchaser or prospective home owner.
(2) The Tribunal
may make the following orders-- (a) an order that the home owner or
prospective home owner pay a sale commission, incidental expense or other fee
or charge of a specified amount to the operator or selling agent,
(b) an
order reducing the amount of sale commission, incidental expense or other fee
or charge payable by a home owner or prospective home owner to the operator or
selling agent,
(c) an order that the operator or selling agent refund any
sale commission, incidental expense or other fee or charge paid by the
home owner or prospective home owner to the operator or selling agent (or any
part of such a commission, expense, fee or charge),
(d) an order preventing
interference with the sale of the home,
(e) an order requiring the operator
to take all necessary steps to facilitate the sale of the home to a specified
prospective home owner,
(f) an order that the operator pay compensation
where-- (i) there is or has been interference by the operator with the sale,
whether by action or inaction, or
(ii) the operator refuses to enter into a
new site agreement without reasonable grounds,
(g) any ancillary order that
the Tribunal, in the circumstances, thinks appropriate.
(3) Without limiting
its powers, the Tribunal may dismiss an application by the home owner for
compensation under subsection (2)(f)(ii) if the Tribunal is satisfied that the
grounds on which the operator declined to enter into a site agreement with a
prospective home owner were reasonable.
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