112Appointing a selling agent

#### 112 Appointing a selling agent 112 Appointing a selling agent > > (1) A home owner may appoint the operator of the community or another person as a selling agent to sell, or to negotiate the sale of, the home. > > > (2) An operator cannot require a home owner— > > > > > (a) to appoint the operator or any other person as selling agent, or > > > > > (b) to use the services of the operator or any other person, > > > > in connection with the sale or negotiation of the sale of the home, either under the terms of the site agreement or otherwise. Such a requirement is unenforceable. > > > (3) If the home owner appoints a person other than the operator as selling agent, the operator must not unreasonably hinder the appointed person’s access to the community. > > > > Maximum penalty—50 penalty units. > > > (4) When the operator acts as a selling agent, the operator is not required to hold— > > > > > (a) a licence as agent under the [Property and Stock Agents Act 2002](/view/html/inforce/current/act-2002-066), or > > > > > (b) a motor dealer’s licence under the [Motor Dealers and Repairers Act 2013](/view/html/inforce/current/act-2013-107). > > **s 112:** Am 2015 No 15, Sch 2.47; 2018 No 5, Sch 2.12.