New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 115

115 Disputes relating to sale

(1) A home owner, prospective home owner, operator or selling agent may apply to the Tribunal for the resolution of any dispute concerning the sale of the home, the terms of the proposed site agreement or the proposed site fees, in particular--

(a) any dispute about compliance with a provision of this Part, and

(b) any dispute about whether a sale commission, incidental expense or other fee or charge is payable to the operator or agent in relation to the sale of the home, and

(c) any dispute about the amount of a sale commission, incidental expense or other fee or charge payable or paid to the operator or agent in relation to the sale of the home (including a claim that a sale commission is excessive when compared to sale commissions charged by local real estate agents), and

(d) any dispute about interference by the operator or another person with the sale of the home, and

(e) any dispute about the reasonableness of a decision by the operator not to enter into a site agreement with a purchaser or prospective home owner.

(2) The Tribunal may make the following orders--

(a) an order that the home owner or prospective home owner pay a sale commission, incidental expense or other fee or charge of a specified amount to the operator or selling agent,

(b) an order reducing the amount of sale commission, incidental expense or other fee or charge payable by a home owner or prospective home owner to the operator or selling agent,

(c) an order that the operator or selling agent refund any sale commission, incidental expense or other fee or charge paid by the home owner or prospective home owner to the operator or selling agent (or any part of such a commission, expense, fee or charge),

(d) an order preventing interference with the sale of the home,

(e) an order requiring the operator to take all necessary steps to facilitate the sale of the home to a specified prospective home owner,

(f) an order that the operator pay compensation where--

(i) there is or has been interference by the operator with the sale, whether by action or inaction, or

(ii) the operator refuses to enter into a new site agreement without reasonable grounds,

(g) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.

(3) Without limiting its powers, the Tribunal may dismiss an application by the home owner for compensation under subsection (2)(f)(ii) if the Tribunal is satisfied that the grounds on which the operator declined to enter into a site agreement with a prospective home owner were reasonable.