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Kawartha
post Oct 7 2011, 07:08 PM
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Have any of you taken a seasonal contract to a lawyer to check its legitimacy? Among many issues is exclusive selling right of a site occupier's trailer by the CAMPGROUND owner who retains a 10 to 15 percent of the selling price as a "fee"/"commission"/"advertising on his website" etc.

Real estate agents are saying that owners are acting as UNLICENSED real estate agents and acting outside the legal restrictions of trust accounts and various other legalities in the sale of real estate/chattels.

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riggarob
post Oct 7 2011, 07:36 PM
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More info is needed. What state? We just sold my FIL's place in FL ourselves. There was no problem at all. Each side got a lawyer, and all is well. This was in an over 55 park. The on site real estate agent even gave us a property estimate. Robbie



QUOTE(Kawartha @ Oct 7 2011, 09:08 PM) *

Have any of you taken a seasonal contract to a lawyer to check its legitimacy? Among many issues is exclusive selling right of a site occupier's trailer by the CAMPGROUND owner who retains a 10 to 15 percent of the selling price as a "fee"/"commission"/"advertising on his website" etc.

Real estate agents are saying that owners are acting as UNLICENSED real estate agents and acting outside the legal restrictions of trust accounts and various other legalities in the sale of real estate/chattels.



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kcmoedoe
post Oct 7 2011, 08:06 PM
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Are you talking about selling your RV or are you trying to sell your seasonal site? If you are selling your RV, real estate law has nothing to do with it. If you are renting your seasonal site, the owner of the property, the Park, has the right to reasonably restrict activities on the property. I would assume that would extend to selling RVs. If their policy concerning placing 'your RV for sale and showing it on the park property is a commission upon sale, you have two options in my opinion. 1) agree and pay 2) move your rig off the property and sell it. If it is a park model, the park can usually charge reasonable fees. Again, it is not real estate, it is a titled RV. The fees are probably part of any rental contract you have signed. It is a binding contract and you will have to abide by the terms. If you are selling your site, they may have the ability to restrict signage etc. but I doubt they can stop you from selling but this is assuming we are talking about titled real estate. If you are subleasing your rented site, they probably have a policy against such transactions, or at charge a transfer fee and require the parks approval of the new lessee. Those types of policies are generally considered legal and enforceable. For good reasons, I might add. It gives them control over who they rent to, which is a very reasonable expectation.
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Denali
post Oct 8 2011, 01:56 PM
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QUOTE(Kawartha @ Oct 7 2011, 06:08 PM) *

Have any of you taken a seasonal contract to a lawyer to check its legitimacy? Among many issues is exclusive selling right of a site occupier's trailer by the CAMPGROUND owner who retains a 10 to 15 percent of the selling price as a "fee"/"commission"/"advertising on his website" etc.

Real estate agents are saying that owners are acting as UNLICENSED real estate agents and acting outside the legal restrictions of trust accounts and various other legalities in the sale of real estate/chattels.
I think it is always a mistake to ask for legal opinions on Internet forums.

Even if you find a member who has taken a seasonal contract to a lawyer, would you accept that layman's opinion of a contract he never saw, in an unknown state?

My few personal encounters with civil law have taught me that the simpleminded depictions of the law that we find in novels, movies, and television are about as helpful as trying to learn quantum physics from Sesame Street.


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Kawartha
post Oct 8 2011, 09:52 PM
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QUOTE(kcmoedoe @ Oct 7 2011, 08:06 PM) *

Are you talking about selling your RV or are you trying to sell your seasonal site? If you are selling your RV, real estate law has nothing to do with it. If you are renting your seasonal site, the owner of the property, the Park, has the right to reasonably restrict activities on the property. I would assume that would extend to selling RVs. If their policy concerning placing 'your RV for sale and showing it on the park property is a commission upon sale, you have two options in my opinion. 1) agree and pay 2) move your rig off the property and sell it. If it is a park model, the park can usually charge reasonable fees. Again, it is not real estate, it is a titled RV. The fees are probably part of any rental contract you have signed. It is a binding contract and you will have to abide by the terms. If you are selling your site, they may have the ability to restrict signage etc. but I doubt they can stop you from selling but this is assuming we are talking about titled real estate. If you are subleasing your rented site, they probably have a policy against such transactions, or at charge a transfer fee and require the parks approval of the new lessee. Those types of policies are generally considered legal and enforceable. For good reasons, I might add. It gives them control over who they rent to, which is a very reasonable expectation.


Yes, I am talking about selling an RV and yes real estate law in Canada governs chattels, and modular/park model homes. I would wonder whether a contract is binding if it allows the campground owner to act as a real estate agent without a license.
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kcmoedoe
post Oct 8 2011, 11:00 PM
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QUOTE(Kawartha @ Oct 8 2011, 09:52 PM) *

Yes, I am talking about selling an RV and yes real estate law in Canada governs chattels, and modular/park model homes. I would wonder whether a contract is binding if it allows the campground owner to act as a real estate agent without a license.
Perhaps you should have mentioned that this involves Canadian Law. I would think that would be relevant to the conversation. Unless of course, the park and RV are located in the US. And is it an RV or a modular/park model home? If you want some advice and opinion, you really should present all the facts. In the states, usually an unenforceable clause in a contract does not void the entire contract. If that is now your question. Chattel is defined as property, either moveable or unmoveable that is NOT real estate or buildings. Seriously doubt that even Canadian law requires a licensed Realtor to sell a used car, camping trailer or other chattel. It appears you need an attorney, both to ferret out the facts and render proper legal advice.
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Kawartha
post Oct 10 2011, 06:52 PM
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QUOTE(kcmoedoe @ Oct 8 2011, 11:00 PM) *

Perhaps you should have mentioned that this involves Canadian Law. I would think that would be relevant to the conversation. Unless of course, the park and RV are located in the US. And is it an RV or a modular/park model home? If you want some advice and opinion, you really should present all the facts. In the states, usually an unenforceable clause in a contract does not void the entire contract. If that is now your question. Chattel is defined as property, either moveable or unmoveable that is NOT real estate or buildings. Seriously doubt that even Canadian law requires a licensed Realtor to sell a used car, camping trailer or other chattel. It appears you need an attorney, both to ferret out the facts and render proper legal advice.


Well, park models and modular homes can be listed on the multiple listing real estate service in Canada. I know, because mine is listed with a realtor and has been shown to other real estate companies.

I am not asking for legal advice, as I said at the beginning, I am wondering if anyone else here has consulted a lawyer, related to selling their RV and the seasonal contract.

Kawartha
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kcmoedoe
post Oct 15 2011, 06:07 PM
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QUOTE(Kawartha @ Oct 10 2011, 06:52 PM) *

Well, park models and modular homes can be listed on the multiple listing real estate service in Canada. I know, because mine is listed with a realtor and has been shown to other real estate companies.

I am not asking for legal advice, as I said at the beginning, I am wondering if anyone else here has consulted a lawyer, related to selling their RV and the seasonal contract.

Kawartha

I don't know why, but I will try one final time. What in the heck are the FACTS?? Finally it appears we have either a Park Model RV or a Modular Home. Which is it? They are very different, both structurally and legally. Also, are we talking about a Rental Contract for a seasonal site or an owned RV lot? Is it in Canada? Are your trying to avoid paying the Commission to the park or are you trying to break a rental or purchase contract? You are not going to get any answers without letting people know what you are talking about and what you are trying to accomplish. And yes, you are asking for legal advice, you just (A) Don't want to admit it. and (cool.gif Don't want to pay for it. No matter what you find out, it won't amount to a hill of beans unless you are willing to pay an attorney to enforce the law if it turns out it is in favor, or are willing to accept an anonomous layman's opinion if it is not in your favor. If you are unwilling to hire an attorney, you are going to have to abide by all the terms of the contract in question or face the consequences of breaching that contract. All the lay advice and public opinion will not change the terms of a written contract, only the courts can do that.
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