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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 33
Cooling-off period
(1) This section applies if the park owner for a residential park and a
prospective home owner for a site enter into a site agreement for the site.
(2) The home owner may, within the cooling-off period, terminate the
site agreement by giving a signed notice of the termination to— (a) the
park owner; and
(b) if the home owner has granted a person a security
interest in the manufactured home positioned on the site—that person.
(3)
The notice must state the day, within 28 days after the notice is given, the
termination is effective (the
"termination day" ).
(4) The home owner may terminate the agreement under
subsection (2) even though— (a) the home owner has affirmed the agreement;
and
(b) the agreement has been fully executed.
(5) If the agreement is
terminated under subsection (2) , the home owner is not liable to pay any
amount otherwise payable under the agreement by the home owner to the
park owner.
(6) If the agreement is terminated under subsection (2) , the
park owner must, within 14 days after the termination day, refund any amount
received under the agreement from the home owner. Penalty— Maximum
penalty—100 penalty units.
(7) An amount payable to the home owner under
subsection (6) is recoverable as a debt.
(8) In this section—
"cooling-off period" means the following period after the day the last person
signed the site agreement— (a) if the park owner has not given the
prospective home owner the disclosure documents for the site as required under
section 29 —28 days;
(b) otherwise—7 days.
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