Selling Your Home - Information Sheet S1

Sale of a Part 4A dwelling

The owner of a manufactured home in a land-lease village or caravan park (otherwise known as a site tenant) may sell their home in one of 3 ways:

• They may sell the home themselves
• They may employ a private sales agent, but the site owner must not request a particular agent
• The site owner may act as the agent but only on the request of the site tenant

In all cases, before selling, the site tenant must give the site owner notice in writing, using the official template, https://www.consumer.vic.gov.au/library/forms/housing-and-accommodation/renting/assignment-of-part-4a-site-agreement.docx. This assigns the site to the buyer who will take over responsibility for all fees, charges and rent from the transfer date. The site owner must give permission for the transfer of the site agreement unless they have a good reason to refuse. If the site owner refuses permission, the site tenant can apply to the Victorian Civil and Administrative Tribunal (VCAT) for a resolution. The site owner must not charge a fee for agreeing to an assignment of a site agreement.

Sales Commission
The site owner can only charge a commission for sale if it is:

• Specified in the site agreement, including the amount of commission
• The sale was made because the site owner acted as the selling agent
• The purchaser is not the site owner, someone related to the site owner, or a corporation owner, managed or controlled by the site owner or a relative of the site owner

Fixing serious problems before sale
A site owner can order residents to fix serious problems before agreeing to the sale. Before a dwelling owned by a land-lease site tenant can be sold, it must:

• Be reasonably clean and in good repair, considering normal wear and tear
• Not pose a significant health risk
• Not have any serious defects

Condition Report
The rental provider, or their agent must complete the ‘Exit condition report’, the section of the original Condition Report which was completed at the commencement of the rental agreement. They must do this within 10 days of the rental agreement ending. The renter must be present when this happens or have been given a reasonable opportunity to be there.

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