CPSA calls for increased consumer protection for deceased estates comprising of a dwelling in a residential park.

A recent judicial decision allows residential park owners to refuse a dwelling in their park to be sold on-site unless it is the owner’s principal place of residence.

This means that park owners can effectively compel deceased estates to remove the dwelling from the park, thus reducing the value of the dwelling by up to 90 per cent.

The only alternative is for an executor or heir to move into the dwelling and use it as their principal place of residence while selling.

CPSA is concerned that this recent interpretation of the law clears the way for unscrupulous park owners to rip off deceased estates at the expense of the rightful heirs by refusing an on-site sale to gain access to the site and install and sell a dwelling of their own, or to gain access to the deceased estate dwelling at a very cheap price.

Removal of a dwelling from a residential park could cost in excess of $25,000, often more than the value of the home off-site.

Whatever the law says and however it’s interpreted, surely the law covering residential parks was not intended to facilitate park owners to scam deceased estates

CPSA, through its Park and Village Service, has raised the issue of deceased estates and the need for reform during a now completed review of the Residential Parks Act and has again raised it with NSW Fair Trading Minister, Anthony Roberts.

If you are concerned about this you should contact your local state member of parliament or the Minister for Fair Trading.  The Park and Village Service can be contacted on 1800 177 688.