When does a cooling-off period apply?
A 28 day cooling-off period only applies if:
- a prospective home owner enters a site agreement with a park owner within 7 days of receiving the disclosure documents
- a prospective home owner is not given the disclosure documents before signing the site agreement
To terminate a site agreement under the cooling-off period, the home owner must supply the park owner with a Manufactured Homes Form 3—Termination notice—by home owner within 28 days of entering into the site agreement .
Refunds to home owners
If a cooling-off period applies, you can terminate the site agreement within the 28 day cooling-off period and are not liable to pay any amount under the site agreement. Any amount paid by you under the site agreement must be repaid by the park owner within 14 days of the site agreement being terminated.
If you buy an existing home in the park, and terminate the site agreement during the cooling-off period, the agreement for the sale of the manufactured home ends on the day the site agreement is terminated and the park owner regains ownership of the manufactured home.
Within 14 days of the end of the sale agreement for the manufactured home, the park owner must pay:
- any amount owing under a security interest registered for the home under the Bills of Sale and Other Instruments Act 1955
- payment of any balance to you.
Termination of third party agreements
If you bought the home from a third party, terminate the site agreement during the cooling-off period and remove the home from the site, you may apply for compensation to QCAT.
For this to happen, you must apply to QCAT within 6 months of termination to get a compensation order covering the reasonable costs of relocating within 6 months of the termination taking effect.
In making the compensation order, QCAT may consider the following:
- the cost of removing the home from the site
- the cost of transporting the home and your belongings
- the cost of positioning the home at a new location
- the cost to repair any damage to the home arising from its removal and relocation
- whether the home owner has taken all reasonable steps to mitigate the costs of removal and relocation, and
- anything else QCAT considers relevant.
QCAT will only make a compensation order for the transportation of the home for a distance of 300km or less. If the home is transported more than 300km, QCAT will only consider the cost of transporting the home 300km.
QCAT will not make a compensation order for an amount that is more than the market value of the home.
For information on the termination of site agreements in other circumstances, see terminating a site agreement.