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RESIDENTIAL PARKS ACT 1998 - SECT 130A
Tribunal may value dwellings to facilitate sale
130A Tribunal may value dwellings to facilitate sale
(1) The object of this section is to enable the Tribunal to assist a
park owner and a resident to come to an agreement as to the value of the
resident’s dwelling where there is a proposed sale of the dwelling from the
resident to the park owner.
(2) The Tribunal may, by order, determine the
value of the resident’s dwelling and, for that purpose, may obtain a
valuation of the dwelling, or seek advice as to the valuation of the dwelling,
from one or more registered valuers.
(3) An application for such an order may
be made by the resident or by the park owner, or by both.
(4) The
Tribunal’s determination may not have regard to the dwelling’s location.
(5) The Tribunal’s determination of the value of the resident’s dwelling
is advisory only, and does not bind the resident or the park owner or affect
any agreement between them for the sale of the dwelling.
(6) Any costs
payable to a registered valuer for any valuation or advice provided to the
Tribunal for the purposes of proceedings under this section are payable by the
Tribunal, except to the extent to which the regulations provide that the
parties to the proceedings are to pay such costs.
(7) The regulations may
provide that the parties are to pay such costs: (a) in such proportions as are
agreed between them or, failing agreement, as are ordered by the Tribunal, or
(b) in any other manner prescribed by the regulations.
(8) In this section:
"dwelling" means a relocatable home or a registrable moveable dwelling with a
rigid annexe attached to it.
"registered valuer" has the same meaning as it has in the Valuers Act 2003 .
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