Queensland Consolidated Acts

MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 34

34 Automatic ending of sale agreement

(1) This section applies in relation to a site agreement if—

(a) in conjunction with the agreement, the parties to the agreement enter into an agreement (the
"sale agreement" ) for the sale of a manufactured home positioned on the site; and

(b) the home owner terminates the site agreement under section 33 .

(2) The sale agreement is taken to be at an end on the day the termination of the site agreement is effective.

(3) Also, on the ending of the sale agreement under subsection (2) , ownership of the home reverts to the park owner.

(4) Subsections (2) and (3) apply even though—

(a) the home owner has affirmed the sale agreement; and

(b) the sale agreement has been fully executed.

(4A) Subsection (4B) applies if the home owner has granted a person (a
"financier" ) a security interest in the home and the financier has been given notice of the termination of the site agreement under section 33 (2) or otherwise knows about the termination.

(4B) The financier must, within 7 days after the ending of the sale agreement under subsection (2) , give the park owner a notice stating the amount owing under the security interest.

(5) The park owner must, within the refund period, pay the refundable amount as follows—

(a) first, if all or part of the refundable amount is owing to a financier under a security interest in the home—in payment of the amount owing under the security interest;

(b) second, in payment of any balance to the home owner.

Penalty—

Maximum penalty—100 penalty units.

(5A) For subsection (5) (a) , the amount owing under the security interest is the amount stated in a notice given by the financier to the park owner.

(6) A term in the sale agreement is void to the extent it purports to exclude, change or restrict the operation of subsection (5) .

(7) In this section—

"refundable amount" means the total of the following—

(a) the amount paid to the park owner, or at the park owner’s direction, under the sale agreement;

(b) if the park owner did not give the home owner the disclosure documents for the site as required under section 29 —the amount of any expenses reasonably incurred by the home owner arising out of or incidental to the sale agreement.

"refund period" means the period—

(a) if subsection (5) (a) applies, starting—

(i) when the financier gives the park owner the notice as required under subsection (4B) ; or

(ii) 7 days after the ending of the sale agreement under subsection (2) ; and

(b) ending at the end of the day that is 14 days after the ending of the sale agreement under subsection (2) .