If the home owner wishes to sell their manufactured home and assign their interest in the site agreement to a buyer, the home owner must complete the following steps:
- The home owner must give the park owner notice that they intend to offer the home for sale before placing a 'for sale' sign on the site. Home owners should check to see if their site agreement contains special arrangements about displaying 'for sale' signs.
- Once the home owner secures a prospective buyer, the home owner must supply the park owner with notice of the proposed sale and assignment of their site agreement in the approved form Manufactured Homes Form 7—Notice of proposed sale and assignment .
- Within 7 days of receiving Manufactured Homes Form 7—Notice of proposed sale and assignment , the park owner must give the new buyer a copy of the site agreement and the disclosure documents for the residential park. (Buyers may also choose to negotiate a new site agreement rather than take on the existing agreement. If so, the park owner and buyer may use the Manufactured Homes Form 2—Residential parks site agreement .
- The prospective manufactured home owner should then seek independent legal advice about the potential impact of the terms of the proposed site agreement, their rights and responsibilities under the Act and the options available to them.
- The home owner and buyer must each sign 2 copies of a completed, approved Manufactured Homes Form 8—Form of assignment , if the home owner wants the site agreement to be assigned.
- The home owner must give the park owner a written request for their consent to the assignment. This request must be accompanied by the two signed copies of Form 8—Form of assignment (see above).
- The park owner may then consent to the assignment by signing both copies of the Form of assignment. The assignment is not effective unless this step is completed. The park owner then returns one copy of the form to the home owner and keeps the other copy until 1 year after the site agreement is terminated.
- As soon as possible after the seller receives a copy of the signed Form 8, the seller must give a copy of the form and the site agreement to the buyer.
During this process, the park owner must not:
- restrict the home owner from placing a suitable 'for sale' sign on the site if it is allowed under the site agreement
- unreasonably hinder the sale, such as by stopping potential buyers from inspecting the home
- unreasonably hinder or refuse to consent to the home owner assigning their interest in a home
- restrict the buyer's right to get independent legal advice about the assignment of the home owner's interest.
If the park owner does not make a decision about a request within 14 days of receiving it, it is taken that they do not consent to the assignment.
Refusing to consent
If the park owner decides not to consent to the home owner assigning their interest, the park owner must:
- return both copies of the Form 8 to the home owner
- give the home owner written notice of the decision and their reasons.
The home owner 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 the Form 8, and return one copy to the home owner within 7 days of the order.