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RETIREMENT VILLAGES ACT 1999 - SECT 67 Updating agreed resale value every 3 months

RETIREMENT VILLAGES ACT 1999 - SECT 67

Updating agreed resale value every 3 months

67 Updating agreed resale value every 3 months

(1) This section applies if—
(a) a former resident’s right to reside in a particular accommodation unit—
(i) is not sold within 3 months after the termination date; or
(ii) was terminated under section 53 (3) (d) ; and
(b) the former resident has not been paid an exit entitlement under section 63 .
(2) The former resident and the scheme operator are to reconsider the resale value of the right to reside at least every 3 months and, if possible, agree in writing on a new resale value, which may be the same value.
(3) If the former resident and the scheme operator can not agree on the resale value of the accommodation unit, the operator is to obtain a valuation of the right to reside in the unit from a valuer within a further 14 days.
(4) A valuation obtained under subsection (3) is taken to be the agreed resale value of the right to reside in the accommodation unit.
(5) However, subsection (4) does not apply if—
(a) the former resident’s right to reside in the accommodation unit was terminated under section 53 (3) (d) ; and
(b) the valuation obtained under subsection (3) is less than the previous agreed resale value of the right to reside in the accommodation unit determined in accordance with this section or section 60 .