QLDIn ForceAct
Manufactured Homes (Residential Parks) Act 2003
sec.62XApplication of proceeds from sale or buyback of eligible home
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### sec.62X Application of proceeds from sale or buyback of eligible home
This section applies if the park owner—
acting under a selling authority, sells the eligible home to another person; or
completes the purchase of the eligible home under a buyback agreement.
The park owner must apply the proceeds from the sale, or the amount payable under the buyback agreement, as follows—
first, if an amount is owing to a person under a security interest registered for the eligible home under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;
second, if the park owner has, under section 62ZK (1) , paid the valuer’s costs of conducting a valuation of the resale value of the eligible home—in reimbursing themself for half of the valuer’s costs;
third, in payment of the reasonable costs of selling the eligible home, including any fees payable under part 9 , division 2 ;
fourth, in payment of any balance to the eligible home owner.
s 62X ins 2024 No. 28 s 12
(sec.62X-ssec.1) This section applies if the park owner— acting under a selling authority, sells the eligible home to another person; or completes the purchase of the eligible home under a buyback agreement.
(sec.62X-ssec.2) The park owner must apply the proceeds from the sale, or the amount payable under the buyback agreement, as follows— first, if an amount is owing to a person under a security interest registered for the eligible home under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; second, if the park owner has, under section 62ZK (1) , paid the valuer’s costs of conducting a valuation of the resale value of the eligible home—in reimbursing themself for half of the valuer’s costs; third, in payment of the reasonable costs of selling the eligible home, including any fees payable under part 9 , division 2 ; fourth, in payment of any balance to the eligible home owner.
- (a) acting under a selling authority, sells the eligible home to another person; or
- (b) completes the purchase of the eligible home under a buyback agreement.
- (a) first, if an amount is owing to a person under a security interest registered for the eligible home under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;
- (b) second, if the park owner has, under section 62ZK (1) , paid the valuer’s costs of conducting a valuation of the resale value of the eligible home—in reimbursing themself for half of the valuer’s costs;
- (c) third, in payment of the reasonable costs of selling the eligible home, including any fees payable under part 9 , division 2 ;
- (d) fourth, in payment of any balance to the eligible home owner.