Hi,
I'm considering the Sale of a Mobile Home which is on a permanent site. It is owned by my elderly mother and has been for the past 13 years. When she purchased it the Agreement stated that if she was to sell it, then she had to remove it.
Residential (Land Lease) Communities Act 2013 No 97 S 109 states:
"(1) This section applies if a purchaser or prospective homeowner under a contract, or proposed contract, for the sale of the home (the sale contract) requests the operator of the community to enter into a new site agreement (the new site agreement) for the residential site with the purchaser or prospective home owner.Note. This section is not relevant if the purchaser or prospective homeowner intends to remove the home from the community.
(2) The operator must enter into the new site agreement after the request is made, unless:
(a) the operator declines to enter into the agreement and does so on reasonable grounds (including, for example, the ground that it appears reasonably unlikely that the sale contract will be entered into), or
(b) without limiting paragraph (a), the operator and the purchaser or prospective home owner do not agree on the terms of the proposed agreement. ..."
My question under Property Law is whether this Act now takes precedence over the 13-year-old agreement?
The Park Owner wants this site to expand his temporary Van and camping sites. He has a habit of bullying and is threatening to take vacant possession and bulldoze if we move. He can't but it shows his attitude. He has also said he will not approve any new site agreement that retains the Home on site.
His motive is to secure the site for his expansion.
I'm considering the Sale of a Mobile Home which is on a permanent site. It is owned by my elderly mother and has been for the past 13 years. When she purchased it the Agreement stated that if she was to sell it, then she had to remove it.
Residential (Land Lease) Communities Act 2013 No 97 S 109 states:
"(1) This section applies if a purchaser or prospective homeowner under a contract, or proposed contract, for the sale of the home (the sale contract) requests the operator of the community to enter into a new site agreement (the new site agreement) for the residential site with the purchaser or prospective home owner.Note. This section is not relevant if the purchaser or prospective homeowner intends to remove the home from the community.
(2) The operator must enter into the new site agreement after the request is made, unless:
(a) the operator declines to enter into the agreement and does so on reasonable grounds (including, for example, the ground that it appears reasonably unlikely that the sale contract will be entered into), or
(b) without limiting paragraph (a), the operator and the purchaser or prospective home owner do not agree on the terms of the proposed agreement. ..."
My question under Property Law is whether this Act now takes precedence over the 13-year-old agreement?
The Park Owner wants this site to expand his temporary Van and camping sites. He has a habit of bullying and is threatening to take vacant possession and bulldoze if we move. He can't but it shows his attitude. He has also said he will not approve any new site agreement that retains the Home on site.
His motive is to secure the site for his expansion.
