(1) A long-stay tenant
may appoint a park operator or another person as a selling agent in relation
to the sale of a relocatable home only if —
(a) the
person and the long-stay tenant enter into a written agreement ( selling
agency agreement ) for the person to be the tenant’s selling agent in
relation to the home; and
(b) the
selling agency agreement complies with any prescribed requirements for selling
agency agreements.
(2) A park operator
must not require a long-stay tenant to appoint a particular person as a
selling agent, whether as part of a long-stay agreement or otherwise.
Penalty for this subsection: a fine of $5 000.
(3) A term of a
long-stay agreement stating that the long-stay tenant must appoint a
particular person as a selling agent has no effect.
(4) If a long-stay
tenant appoints a selling agent other than the park operator, the park
operator must not unreasonably hinder the selling agent’s access to the
residential park.
Penalty for this subsection: a fine of $20 000.
[Section 57 inserted: No. 28 of 2020 s. 55.]