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s 57

Long‑stay tenant may appoint selling agent

In force
Part 4Other matters related to residential parks
Division 1Sale of relocatable homes on site

57 Long‑stay tenant may appoint selling agent

(1)

A long‑stay tenant may appoint a park operator or another person as a selling agent in relation to the sale of a relocatable home only if —

(a)

the person and the long‑stay tenant enter into a written agreement (selling agency agreement) for the person to be the tenant’s selling agent in relation to the home; and

(b)

the selling agency agreement complies with any prescribed requirements for selling agency agreements.

(2)

A park operator must not require a long‑stay tenant to appoint a particular person as a selling agent, whether as part of a long‑stay agreement or otherwise.

Penalty for this subsection: a fine of $5 000.

(3)

A term of a long‑stay agreement stating that the long‑stay tenant must appoint a particular person as a selling agent has no effect.

(4)

If a long‑stay tenant appoints a selling agent other than the park operator, the park operator must not unreasonably hinder the selling agent’s access to the residential park.

Penalty for this subsection: a fine of $20 000.

[Section 57 inserted: No. 28 of 2020 s. 55.]

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Section 57 — Long‑stay tenant may appoint selling agent — Residential Parks (Long-stay Tenants) Act 2006 (Western Australia) — Barrister AI