VIC: Residential Tenancies Act Section 206ZZH Sale of Part 4A dwelling

Sale of Part 4A dwelling

(1) A site owner may enter into an agreement with a site tenant or former site tenant to sell a Part 4A dwelling on behalf of the site tenant or former site tenant.

(2) A site owner must not require a site tenant to enter into an agreement under subsection (1). Penalty: 100 penalty units.

(3) A site owner who enters into an agreement to sell a Part 4A dwelling on behalf of a site tenant or former site tenant must not charge a commission for the sale unless the scale or amount of commission has been disclosed in accordance with section 206S. Penalty: 60 penalty units.

(4) A site owner must not by act or omission obstruct or hinder the sale of a Part 4A dwelling by a site tenant. Penalty: 150 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.

(5) For the purpose of subsection (4), a site owner does not hinder or obstruct the sale of a Part 4A dwelling owned by a site tenant if—

(a) the site owner refuses consent to the assignment of a site agreement under section 206ZZD(1D); and

(b) the Part 4A dwelling has a serious defect; and

(c) no undertaking has been given to the site owner to rectify the serious defect.

(6) A site owner may charge a commission for the sale of a Part 4A dwelling if—

(a) the services provided by the site owner as a selling agent caused the sale; and

(b) the purchaser of the site dwelling is not the site owner or a related party of the site owner.

(7) In subsection (6)— related party, in relation to a site owner, means—

(a) the partner, child, parent or sibling of the site owner; or

(b) the partner of the child, parent or sibling of the site owner; or

(c) a business partner of the site owner; or

(d) a corporation owned, managed or effectively controlled by the site owner or a person referred to in paragraph (a), (b) or (c).