Western Australian Current Acts

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 57A

57A .         Selling agent’s commission and incidental expenses

        (1)         In this section —

        incidental expenses —

            (a)         means reasonable expenses —

                  (i)         paid or payable by the selling agent to a person who provides a service; and

                  (ii)         that were incurred by the selling agent in the course of selling or negotiating the sale of a relocatable home;

                and

            (b)         includes prescribed expenses;

        sale commission means a commission, fee or other amount, other than incidental expenses, for the sale or negotiation of the sale of a relocatable home.

        (2)         A person must not demand or receive a sale commission, an amount for incidental expenses or any other valuable consideration from a long-stay tenant in relation to the sale of a relocatable home unless —

            (a)         the person is appointed as a selling agent under a selling agency agreement; and

            (b)         the selling agency agreement complies with any requirements for the agreement prescribed under section 57(1)(b).

        Penalty for this subsection: a fine of $5 000.

        (3)         Also, a selling agent may be paid a sale commission or an amount for incidental expenses by the long-stay tenant in relation to the sale of a relocatable home only if —

            (a)         the selling agency agreement specifies that a sale commission or incidental expenses must be paid by the tenant; and

            (b)         if a sale commission must be paid under the agreement, the agreement —

                  (i)         specifies the amount of sale commission or the method by which the sale commission must be calculated; and

                  (ii)         sets out the nature of the services the selling agent must perform in return for the sale commission;

                and

            (c)         if incidental expenses are to be paid under the agreement, the agreement sets out the nature of the services for which incidental expenses must be paid for by the tenant; and

            (d)         the selling agent gives an invoice or statement of claim to the tenant that sets out the amounts claimed and the details of the services performed.

        (4)         However, no sale commission is payable if —

            (a)         the relocatable home is not sold; or

            (b)         the relocatable home is sold but the actions of the selling agent did not result in the sale; or

            (c)         for a selling agent who is a park operator —

                  (i)         there is a voluntary sharing arrangement in the long-stay agreement; or

                  (ii)         the relocatable home is sold but the sale is made to the park operator or a close associate of the park operator.

        (5)         A sale commission, an amount for incidental expenses or any other valuable consideration received in contravention of this section is recoverable by the long-stay tenant who paid it as a debt due in a court of competent jurisdiction.

        [Section 57A inserted: No. 28 of 2020 s. 55.]