Victorian Current Acts Victorian Current Acts(1) A site owner may enter into an agreement with a site tenant or former site tenant to sell a Part 4A dwelling on behalf of the site tenant or former site tenant.
S. 206ZZH(2) amended by No. 45/2018 s. 222(1).
(2) A site owner must not require a site tenant to enter into an agreement under subsection (1).
Penalty: 100 penalty units.
S. 206ZZH(3) amended by No. 45/2018 s. 222(2).
(3) A site owner who enters into an agreement to sell a Part 4A dwelling on behalf of a site tenant or former site tenant must not charge a commission for the sale unless the scale or amount of commission has been disclosed in accordance with section 206S.
Penalty: 60 penalty units.
S. 206ZZH(4) amended by No. 45/2018 s. 222(3).
(4) A site owner must not by act or omission obstruct or hinder the sale of a Part 4A dwelling by a site tenant.
Penalty: 150 penalty units in the case of a natural person;
750 penalty units in the case of a body corporate.
S. 206ZZH(5) inserted by No. 45/2018 s. 222(4).
(5) For the purpose of subsection (4), a site owner does not hinder or obstruct the sale of a Part 4A dwelling owned by a site tenant if—
(a) the site owner refuses consent to the assignment of a site agreement under section 206ZZD(1D); and
(b) the Part 4A dwelling has a serious defect; and
(c) no undertaking has been given to the site owner to rectify the serious defect.
S. 206ZZH(6) inserted by No. 45/2018 s. 222(4).
(6) A site owner may charge a commission for the sale of a Part 4A dwelling if—
(a) the services provided by the site owner as a selling agent caused the sale; and
(b) the purchaser of the site dwelling is not the site owner or a related party of the site owner.
S. 206ZZH(7) inserted by No. 45/2018 s. 222(4).
(7) In subsection (6)—
"related party", in relation to a site owner, means—
(a) the partner, child, parent or sibling of the site owner; or
(b) the partner of the child, parent or sibling of the site owner; or
(c) a business partner of the site owner; or
(d) a corporation owned, managed or effectively controlled by the site owner or a person referred to in paragraph (a), (b) or (c).
Division 10—Rights of entry
S. 206ZZI inserted by No. 67/2010 s. 10.