Victorian Numbered Regulations Victorian Numbered RegulationsSchedule 1—Conditions to be included in certain residence contracts
1 The parties to the contract agree that if the owner is notified in writing that the non-owner resident intends to deliver up vacant possession of the resident's premises in the retirement village, the owner will ask the resident to advise the owner in writing within 5 business days whether or not the resident wishes the residence right relating to the premises to be sold through an estate agent who is not otherwise involved in the operation of the retirement village.
2 The owner agrees that if the resident advises in writing under clause 1 that the resident wishes the residence right to be sold through an estate agent not otherwise involved in the operation of the retirement village, the owner will appoint such an estate agent.
3 The owner agrees that an estate agent appointed under clause 2 must be an estate agent agreed between the owner and the resident.
4 If the owner and the resident cannot agree on an estate agent, the owner and the resident must use their best endeavours to agree on a fair and reasonable process for the selection and appointment of an estate agent.
5 The owner agrees that the owner's instructions to an estate agent appointed under clause 2 must be consistent with all reasonable endeavours being made to secure a residence contract with another person in respect of the premises and to procure payment of the in-going contribution from that person under that residence contract.
6 The owner agrees that if the resident does not advise in writing under clause 1 that the resident wishes the residence right to be sold through an estate agent not otherwise involved in the operation of the retirement village, the owner will make all reasonable endeavours to secure a residence contract with another person in respect of the premises and to procure payment of the in-going contribution from that person under that residence contract.
7 If, at any time, the resident advises the owner in writing of a price at which, or a price range within which, the resident wishes offers to be invited, the owner must not invite offers other than that price or outside that range without the written agreement of the resident.
8 The owner must provide the resident at the end of each named month with a written summary of inquiries received about purchase of the residence right.
9 The owner must advise the resident without delay of any offer received to purchase the residence right.
10 If the resident advises the owner in writing that the resident wishes a particular offer to purchase the residence right to be accepted, the owner must not unreasonably refuse or fail to accept the offer.
11 The owner must not reach an agreement with a prospective purchaser of the residence right on a purchase price without first obtaining the agreement of the resident to that purchase price.
12 The resident must not unreasonably refuse to agree in respect of the matters in clauses 7 and 11.
13 The owner agrees not to make any unreasonable charges on the resident in relation to the process of selling the residence right.
14 In clauses 1 to 13—
"estate agent" has the same meaning as in the Estate Agents Act 1980 .