107Interference with right to sell home

#### 107 Interference with right to sell home 107 Interference with right to sell home > > (1) The operator of a community must not cause or permit any interference with, or any attempt to interfere with— > > > > > (a) a home owner’s right to sell a home, or > > > > > (b) a home owner’s right to display a “for sale” sign in or on a home. > > > > Maximum penalty—100 penalty units. > > > (2) Without limiting subsection (1)— > > > > > (a) interference with a home owner’s right includes hindering the exercise of the right, and > > > > > (b) interference with a home owner’s right to sell a home includes unreasonably restricting prospective home owners from inspecting the home or any common area of the community, and > > > > > (c) interference includes making false or misleading statements about the community that affect or may affect either right, and > > > > > (d) interference includes taking any action to require the home owner to comply with any requirement made by or under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) after becoming aware that the home owner is seeking to sell his or her home (unless the matter has been the subject of previous action). > > > (3) An operator does not interfere with the right to sell the home if the operator declines to enter into a site agreement with a prospective home owner and does so on reasonable grounds. > > > (4) Without limiting subsection (3), reasonable grounds can be established on— > > > > > (a) the basis of unfavourable information about the prospective home owner contained in a residential tenancy database referred to in the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042), other than a database referred to in section 210 of that Act, or > > > > > (b) the basis that the prospective home owner has been evicted from the community or another community within the past 5 years for a breach of a site agreement by the prospective home owner.