Costs of preparation of village contracts
52 Costs of preparation of village contracts
Legal and other expenses incurred by the operator of a retirement village in relation to the preparation of a village contract for residential premises in a retirement village are payable by the operator and the resident in equal shares (except as provided by section 51).
The resident is not required to pay the expenses mentioned in subsection (1) until the operator has given the resident a copy of the account held by the operator for the expenses.
A regulation may prescribe a maximum amount payable by a resident under this section.
If a regulation prescribes a maximum amount, any difference between the resident’s share of the amount incurred by the operator and the maximum amount prescribed is payable by the operator.
If a residence contract is in the form of a sublease, the resident must pay—
any duty payable on the sublease; and
any registration fee payable under the Land Titles Act 1925 for the sublease.
This section does not apply in relation to a contract for the sale of residential premises that are subject to a community title scheme, company title scheme or units plan.
In this section:
preparation, of a village contract, includes the preparation of any agreement or contract that comprises the village contract.
Examples loan agreement, other residence contract, services contract
This provision refers to the regulations (a regulation
). Made under this Act:
- Retirement Villages Regulation 2013 · under s 264
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.