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Wednesday, October 26, 2011
Court affirms retirement residents' right to control the sale of their units.
A court has overruled contractual provisions giving sole agency rights to village managers to control the sale of retirement village units. The NSW Supreme Court has upheld the legislative rights of retirement village residents to control the sale process and set the price of their units. Contractual provisions inconsistent with the legislation are deemed unenforceble. The case was brought by a group of retirement village residents, and the decision is expected to be appealed by the village operator. Similar provisions apply in Victoria and NSW and the decision highlighting residents' rights is likely to result in more private sales for Australia's leading retirement property website www.seniorshousingonline.com.au .
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