MySwag.org The Off-road Camper Trailer Forum
General => General Discussion => Topic started by: jetcrew on October 18, 2015, 07:33:51 PM
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Ok all ,
My MIL lives at the caravan park in woorim the caravan park near the surf beach at Bribie
She wants to sell her 2 bedroom home thingy.
the owner of the park wants to buy it and at VERY reduced price ..she has advertised with he local real estate who valued at $129K
since then the owner has said that the weekly rental fee for the new buyer will be $200 per week (she pays $150) This is legal I am told ???
and now the park will not allow the real estate agent into park with potential buyers unless they pay a days park entry for all them, real estate is now not coming near the joint.
My wife is being forced to park offsite and walk in as the park wont let her in to visit ..must walk in
so can anyone who has real estate exp tell me if this is right or not ..it seems its a plan to prevent sale and wear her down to the $60 they will prob offer
Jet ;D
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Some people really just need to get a life and wake up. ( as in the park owner)
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Id say hes oversteping the law or at least tip toeing around it.
Sounds like a job for...Tracy Grimwhore!
Shes a horrible wench but shed be all over that like a fat kid on smarties
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As a Real Estate agency owner with 10+ years exp. in the game I wouldn't stand for it!
The agent/ buyers are considered guest of you MIL and are not liable to pay fees ( that's what the $150 per week she pays is for). Unless everyone's else's fees for the same size property are at $200 per week I would like to know how they can justify this and would be speaking with a solicitor to clarify.
Feel free to pm me if you would like to chat. Always happy to help!
Sent from my iPad using Tapatalk HD
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Move it top another park.
Doesn't sound like the sort of place anyone would want to live anyway with a landlord like that.
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As of a couple of years ago, the CP owners do have some rights here.
Not up with all the ins and outs of it, but the in-laws live in their own house in a CP.
If we stay with them, they're entitled to $10/head/night, but they don't charge it.
:cheers:
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The mob that owned where my dad was did similar tactics too.. as for visitors yes if its sign posted they must use the visitors parking ...
As for not allowing Real estates agents in tell them to go jump [ owners ] ,Might be a good time to have a read of this JC https://www.business.qld.gov.au/industry/service-industries/managing-manufactured-homes/understanding-manufactured-homes (https://www.business.qld.gov.au/industry/service-industries/managing-manufactured-homes/understanding-manufactured-homes) .. Page # 36 0nwards may help you ..
I know the lot that had dads park [ NSW ] came up with having to approve any new permanent entering the park ...
If potential buyers were knocked back and the mobile home was still sold it had to be removed etc ... the park owners started placing and selling their own new mobile homes on all sites that came up ..
So very few existing mobile homes / vans etc got sold and had new teneants move in, unless the owners accepted the park owners offers .. Good luck with it..
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The park owner is doing everything he can to make sure he gets it at a VERY reduced price.
It would be worth slipping the real estate agent couple of hunge cash to allow them to take people through without those people knowing the owner is a ****.
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I agree obtain some legal advice, but sadly that costs.
Wouldn't it be nice to flood their email client with one standard formatted non harassing email sent by individual My Swaggers, via their own email client. This might make him ponder his tactics - "I'm only one voice of 18,787 registered individual members of MySwag, I am disgusted - boycott blah blah blah." But in reality that would probably only add petrol to the fire. But wouldn't it be nice to do - nothing like knowing a community and their friends will hear about this.
Or just email him the link to this MySwag thread with no comment in the email, let the rodent have a read himself.
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well I got myself a copy of the Manufactured Homes (residential Parks) Act 2003 ..well what an interesting read , a pretty well thought out piece of legislation IMHO.
Even covers things like the size of font required in all corro with park residents so they can read it.
so I have spoken with the real estate and given her some info from the Act, so now I have the MIL and the real estate lady all lined up to act in a proper fashion according to the act and let the manager and owner act in direct breach of the act and then I can begin documenting the actions , send letters of intent and then finally lodge formal proceedings if it gets there, but my experience tells me a letter of intent asking for a cease and disist quoting a few sections will generally bring about a change in attitude.
the act is very strong in relation to the actions of the park owner/manager at a time of sale and gives good examples in laymans terms (not often seen)
I would encourage any one with a elderly family member in a similar housing situation to have a read of it as knowledge is power.
Pretty much he is just trying to make himself richer and trying to slip an increase in at point of sale which is not on under the act and if a sale is lost because of his conduct he can be liable so i think once he knows we know our rights they will back off. Any increase places the onus on him if the resident disputes it, a few calls today established that no single park within 100klm of this charges that amount so his chances of winning a dispute are zero, he will have to show cause as to the increase, esp now that water is charged to the resident as well, so less services being provided.
in short they are shonkey and trying to benefit off the elderly and disadvantaged, when the unit next to MIL sold he told the new occupants that they had to pay $25 more than the prev tenant and they did not know any better and agreed, thus after 28 days their right to dispute was gone.
Also states that the exact rent being paid at time of contract is to be clearly annotated for the incoming buyer and inform them of their rights which i am sure he does ...yeah right...so just because its being sold and the assignment of MIL interest is being transferred to new person he is still bound by the price increase rules , got told today if he simply uses a sale as out of cycle reason to hike up rent on just the place being sold he will be in hot water. and that $5 is about what the increase should be this year if keeping with other parks in the area.
So things looking alright and sect 50 is called hindering a sale ..think he might get a link to that very soon ;D ;D ;D
Jet ;D
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Good work sounds about time somone stood up to him
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Nice when the law is clear on things and has some fairness to a situation.
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Onya Theo........ :cup:
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Give him enough rope :-[
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Seems there are differing ones per state
http://www.residentialparkliving.com.au/faq8.htm (http://www.residentialparkliving.com.au/faq8.htm)
http://www5.austlii.edu.au/au/legis/qld/consol_act/mhpa2003356/ (http://www5.austlii.edu.au/au/legis/qld/consol_act/mhpa2003356/)
http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Residential_parks.page (http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Residential_parks.page)
Reform of the residential park laws
On 1 November 2015, the Residential Parks Act 1998 will be replaced by the new Residential Land Lease Community laws, completing the NSW Government’s commitment to improve the governance of residential parks. For more details visit the Reforms to Residential Parks page.
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Sounds like you could potentially lose tens of thousands of dollars if this guy continues with these tactics.
If it were me in this situation and considering what's at risk, I'd just engage a legal representative and wouldn't even bother trying to negotiate directly with the caravan park owner. Unfortunately some people like the challenge of making life difficult for others. For a few hundred bucks I'm sure a lawyer would write a letter on your behalf stating your rights and the penalties for breaching these - sounds like you've already done must of the ground work for him anyway. It's amazing how quickly people will back down and change their attitude when they read a letter written and sent from a lawyer!
Sends a message that you're serious about your intent...