When a manufactured home owner in a residential park decides to sell their home, the park owner has responsibilities to both the seller and the prospective buyer.
If you wish to sell your manufactured home you must:
Give the park owner notice of your intention to sell
You should check to see if your site agreement states whether you can display a 'for sale' sign.
Written notice to park owner of proposed sale
When you have a prospective buyer, give the park owner written notice by completing a Notice of proposed sale and assignment (Manufactured Homes Form 7).
Within 7 days of receiving the form, the park owner must
Give the buyer a copy of the site agreement, the disclosure documents for the residential park and written advice of the amount of site rent payable. Buyers may choose to negotiate a new site agreement rather than take on the existing agreement. If this is the case, the park owner and buyer may use the Residential parks site agreement (Manufactured Homes Form 2).
Remember you’ll also need to keep paying rent on your land until a buyer is found.
Seek Legal Advice
You should seek independent legal advice about the terms of the site agreement, your rights and responsibilities and the options available to you.
Transfer The Site Agreement To The Buyer
You (seller) and the buyer will need to each sign 2 copies of a completed, approved Form of assignment (Manufactured Homes Form 8) (PDF,297KB) (PDF), if you want the site agreement to be transferred to the buyer.
Written Notice To Park Owner Of Transfer
You must give the park owner a written request for their consent to the transfer along with the 2 signed copies of the Form of assignment (Manufactured Homes Form 8) (PDF).
Park owner to sign for transfer of the site agreement
The park owner may consent to the transfer by signing both copies of Form 8. The transfer will not take place until this step is completed. The park owner then returns 1 copy of the form to you and keeps the other copy until 1 year after the site agreement is terminated.
Give a copy of the signed transfer form and site agreement to buyer
As soon as possible after you receive a copy of the signed Form 8, you must give a copy of the form and your site agreement to the buyer.
During this process the park owner must not:
restrict you from placing a suitable 'for sale' sign on the site if it’s allowed under the site agreement
unreasonably hinder the sale e.g. stopping potential buyers from inspecting the home
unreasonably hinder or refuse to consent to you transferring your interest in a home. If the park owner does not make a decision about a proposed transfer within 14 days of receiving the request, it is taken that they do not consent to the transfer
restrict your right to get independent legal advice.
Park Owner Refusal To Consent
If the park owner decides not to consent to you transferring your interest, the park owner must:
return the 2 copies of the Form of assignment (Manufactured Homes Form 8) to you
give you written notice of their decision and their reasons.
You may apply to the Queensland Civil and Administrative Tribunal (QCAT) for a review of the park owner's decision. QCAT can either confirm the park owner's decision or override it and order consent. If QCAT orders the park owner to consent, the park owner must sign both copies of Form 8, and return 1 copy to you within 7 days of the order.