Buying and selling manufactured homes
When a manufactured home owner in a residential park decides to sell their home, as the park owner you have responsibilities to both the seller and prospective buyer.
Your responsibilities to the buyer
You must supply the prospective buyer with the following documents:
- Relevant pre-contractual disclosure documents
- Form 1A – Initial disclosure document (PDF, 113KB) at least 21 days prior to the sale
- Form 1B – Supplementary disclosure document (PDF, 183KB) at least 14 days prior to signing
- Form 1C – Precontractual disclosure waiver (PDF, 135KB) if you plan to waive your pre-contractual disclosure
- a copy of the park rules and any proposals to change the park rules
- the proposed site agreement for the site (2 copies will need to be provided to the prospective buyer).
You will need to provide the prospective home owners with a number of pre-contractural disclosure forms. You will need to fill in the details specific to your residential park, including:
- the address and real property description
- the park owner and manager's name and business address
- details of any authority (approval, consent, licence or permit) issued under law that is necessary for park operation
- details of the communal facilities
- an outline of the park owner's and the home owner's basic responsibilities
- how site rent may be varied
- the ways in which a site agreement may be terminated
- how a home owner may assign (transfer) their interest in a site agreement
- information about the dispute resolution processes and how site agreement disputes may be resolved
- recommendation for the home owner to seek independent legal advice before entering into or agreeing to the transfer of a site agreement.
Your responsibilities to the seller
If a home owner decides to sell their residential park manufactured home, you must not:
- restrict the home owner from placing a suitable 'for sale' sign on the site if it's allowed under the site agreement
- unreasonably hinder the sale, for example, by stopping potential buyers from inspecting the home
- unreasonably hinder or refuse to consent to the home owner transferring their interest in a home. If you do not make a decision about a proposed transfer within 14 days of receiving the request, it is taken that you do not consent to the transfer
- restrict the home owner's right to get independent legal advice.
Refusal to consent
If you decide not to consent to the home owner transferring their interest, you must:
- return 2 copies of the Form of assignment (Manufactured Homes Form 8) (PDF, 200KB) to the home owner
- give the home owner written notice of your decision and reasons.
The home owner may apply to the Queensland Civil and Administrative Tribunal (QCAT) for a review of your decision. QCAT can either confirm your decision or override it and order consent.
If QCAT orders you to consent, you must sign both copies of Form 8, and return 1 copy to the home owner within 7 days of the order.
Home owner responsibilities
Home owners wishing to sell a manufactured home also have responsibilities and must follow a number of steps.
Being appointed to sell
A home owner may ask (appoint) you to act as their agent to sell or negotiate the sale of their manufactured home.
To do this they must sign a Selling authority (Manufactured Homes Form 9) (PDF, 146KB).
Under this authority, you must not charge a fee that is more than the amount set under official regulation. See the examples below:
|Fee||$1,087.50 ($900 plus 2.5% of the sale price over $18,000)|
You cannot charge a fee for the agency if you were not the effective cause of the sale. The Manufactured Homes (Residential Parks) Act 2003 does not allow a park owner to engage in fraudulent, misleading, harassing or unconscionable conduct when acting as a home owner's selling agent to sell, or to negotiate the sale of a manufactured home.