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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