Queensland Consolidated Acts

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MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 49

Consent to assignment of seller’s interest

49 Consent to assignment of seller’s interest

(1) After the buyer and seller sign the form of assignment, the seller must give the park owner a written request for the park owner’s consent to the assignment.
(2) The request must be accompanied by 2 signed copies of the form of assignment.
(3) The park owner must not unreasonably refuse to consent to the assignment.
(4) If the park owner consents to the assignment, the park owner must—
(a) return 1 copy of the form of assignment to the seller; and
(b) keep the other copy of the form of assignment until 1 year after the site agreement is terminated.
Penalty—
Maximum penalty—20 penalty units.
(5) If the park owner refuses to consent to the assignment, the park owner must—
(a) return both copies of the form of assignment to the seller; and
(b) give the seller written notice—
(i) of the decision and the reasons for it; and
(ii) that if the seller is dissatisfied with the refusal—
(A) the seller must use the dispute resolution procedure under section 107 to try to resolve the dispute with the park owner; and
(B) the seller may, subject to section 116 , apply to the tribunal for an order that the park owner consent to the assignment.
Penalty—
Maximum penalty—20 penalty units.
(6) If, within 28 days after receiving the request, the park owner does not consent to the assignment under subsection (4) , or does not refuse to consent to the assignment under subsection (5) , the park owner is taken to have refused to consent to the assignment.



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