(07) 3088 6161
Free Conveyancing Quote
MANUFACTURED HOMES

Manufactured Home Contracts in Brisbane and Queensland

A.L.F Lawyers provides legal advice for buyers looking for a manufactured home lawyer in Brisbane, reviewing manufactured home purchase contracts and site agreements across Queensland. Manufactured home transactions are governed by their own statutory framework and involve two contracts, not one. The standard REIQ residential contract does not apply. Legal advice before signing matters because the risks are different from those in a standard property purchase. If you are considering manufactured home buying in QLD, it is important to understand how the home contract and site agreement work together before signing.
Get a Free Quote
THE BASICS

What is a manufactured home?

A manufactured home is a residential dwelling designed to be transported and installed on a site in a residential park. Residential parks are also known as manufactured home parks, lifestyle villages, or over 50s communities.

The critical legal point is the split ownership structure. The buyer owns the home. The site the home sits on remains the property of the park operator. The buyer’s right to occupy the site is set out in a separate site agreement with the park operator.

This structure has practical consequences that need to be understood before signing:
  • You do not acquire an interest in the land;
  • You pay ongoing site fees to the park operator, which may increase over time
  • Park rules and by-laws govern how you use the property
  • Exit fees and refurbishment obligations may apply when you sell and
  • The park operator has statutory obligations to you, including pre-contractual disclosure.
WHAT YOU SIGN

The two contracts involved

A manufactured home purchase involves two distinct legal documents that must be read together.
Get a Free Quote
Contract for the Sale of the Home
This is the contract between you and the seller (either the outgoing homeowner or the park operator for a new build). It covers the price of the home, the deposit, the settlement date, inclusions and exclusions, and the seller’s warranties. It is not a REIQ contract and does not follow the standard residential form. The terms and structure of this contract vary between park operators and between transactions.

The manufactured home site agreement is the contract between you and the park operator that gives you the right to occupy the site. The manufactured home park agreement in Queensland between you and the park operator that gives you the right to occupy the site. It sets the site fees, the mechanism for future site fee increases, the park rules, the exit and resale procedures, and the term of your right of occupation. The site agreement is either a new agreement or an assignment of the outgoing homeowner’s agreement, depending on the transaction.

 

Neither contract stands alone. The purchase of the home is contingent on you entering into the site agreement (or having the outgoing agreement assigned to you), and the park operator must approve you as a resident.

OPERATOR DISCLOSURE

What the park operator must disclose before you buy

The Manufactured Homes (Residential Parks) Act 2003 (Qld) imposes pre-contractual disclosure obligations on the park operator. Within 7 days of receiving notice of your intention to purchase, the park operator must provide:
  • The Home Owners Information document
  • The park rules and by-laws
  • Two copies of the proposed site agreement or the assignment documents
  • Disclosure of site fees and the mechanism for future increases
  • Disclosure of any exit fees or resale procedures
  • Maintenance and refurbishment obligations for the site or home
  • Details of shared facilities and their maintenance costs.
If the disclosure is incomplete or inaccurate, you may have rights of termination or other remedies under the Act. We review the disclosure documentation as part of our contract review service. Our residential parks lawyers in Brisbane can review these documents and explain the rights and obligations that apply before you enter into the arrangement.
KNOW THE RISKS

The risks unique to manufactured home purchases

Manufactured home buying in QLD involves risks that do not arise in a standard residential purchase, particularly because the buyer owns the home but not the land.
01

Park operator approval

Your purchase is conditional on the park operator approving you as a resident. The park operator’s approval is discretionary, subject to statutory requirements under the Act. If approval is not given, the contract cannot proceed. This is a matter outside your control that needs to be understood before you commit.
02

Site fee increases

Site fees are ongoing and are subject to increase in accordance with the site agreement. Common increase mechanisms include annual CPI adjustments, market rent reviews, and specific charges for capital works.

 

The mechanism should be reviewed carefully before signing so you understand your future cost exposure. A property that looks affordable at year one may look very different at year ten if fees are subject to broad discretion by the park operator.

03

Exit and refurbishment obligations

When you eventually sell your home, the site agreement typically imposes obligations. These may include exit fees payable to the park operator (sometimes calculated as a percentage of sale price), a right of the park operator to approve the incoming buyer, and refurbishment obligations before the home is on-sold.
These matters affect the net proceeds you receive when you leave the park. Exit fees can be substantial and are frequently misunderstood at the time of purchase.
04

No interest in land

You do not acquire any interest in the land. Your rights are limited to ownership of the home and occupation of the site under the site agreement. This affects estate planning, pension entitlement calculations, and your options if circumstances change and you need to move.
05

Park rules

The park operator can enforce park rules affecting the use and enjoyment of your home, including rules on pets, visitors, home modifications, business use, and community facilities. Rules can change over time in accordance with the site agreement, and residents’ influence over rule changes varies by park.
06

Pension and financial implications

Manufactured home ownership can affect Centrelink assessments and pension entitlements. Manufactured homes are treated differently to real property for asset test purposes, and site fees may or may not qualify for rent assistance depending on the arrangement. These matters are outside our legal scope. We recommend obtaining independent financial advice before committing.

Contact Our Team

Don’t sign anything until you’ve spoken to us.
Property contracts are complex, and the wrong advice at the wrong time can cost you dearly. Our conveyancing lawyers will review your contract in full, explain exactly what you’re agreeing to, and identify any conditions or clauses that put you at risk before you’re legally bound.

SELLING PROPERTY SUPPORT

Speak With Our Conveyancing Lawyers Before You Sell

Name
How Did You Hear About Us?
OUR CHECKLIST

What we review in a manufactured home purchase

Our manufactured home lawyers in Brisbane review both the home purchase contract and the site agreement together, so you understand your obligations before signing. When reviewing a manufactured home purchase, we examine:
  • The Contract for the Sale of the Home, including price, deposit, inclusions and exclusions, and default provisions
  • The manufactured home site agreement or assignment documents
  • The park operator's disclosure statement and Home Owners Information document
  • The park rules and by-laws
  • Site fees and the mechanism for future increases
  • Exit fees and resale procedures
  • Maintenance and refurbishment obligations
  • The building and pest inspection condition (which is not automatic and should be negotiated in)
  • Smoke alarm compliance and
  • The cooling off provisions and the interaction between the home contract and the site agreement.
Get a Free Quote
YOUR RIGHT TO WITHDRAW

Cooling off

A minimum 7 day cooling off period applies to the site agreement under the Manufactured Homes (Residential Parks) Act 2003 (Qld). This is separate from any cooling off applicable to the home purchase contract.
If you exercise your cooling off rights on the site agreement, the connected home purchase contract typically cannot proceed either, because the purchase is conditional on the site agreement being in place. We advise on the interaction between the two before you sign.
COSTS & TIMEFRAMES

Cost and turnaround

Manufactured home contract review is charged at a fixed fee, agreed in writing before we commence. The fee reflects the additional complexity of reviewing two contracts and the associated disclosure documentation.
Most reviews are completed within 2 to 3 business days of receiving the full documentation.
START YOUR PROPERTY SALE

Trusted Conveyancing Lawyers for Smooth Property Transactions

Our experienced conveyancing team is here to help you manage your property sale with clarity, professionalism, and reliable legal support from start to finish.

Get a Free Quote
COMMON QUESTIONS

Frequently asked questions

Do I own the land under a manufactured home?
No. You own the home. The land the home is sited on is owned by the park operator. Your right to occupy the site is governed by the manufactured home park agreement in Queensland, commonly documented through the site agreement.
Yes. Park operator approval is discretionary, subject to the requirements of the Manufactured Homes (Residential Parks) Act 2003 (Qld). If approval is refused, the contract cannot proceed and your deposit is typically refundable.
Site fees vary significantly by park and location. Fees may cover site rent, water and other utilities, and contributions to shared facilities. Increases are governed by the site agreement and can be a substantial component of your ongoing cost of living. The full picture should be understood before signing.
Exit fees are amounts payable to the park operator when you sell the home.They are generally set out in the manufactured home site agreement and may be calculated as a percentage of the sale price, a fixed amount, or on another basis specified in the agreement.
Because you are purchasing the home rather than land, the stamp duty position is different from a standard real estate purchase. The exact treatment depends on the transaction structure and is confirmed as part of our review.
The home itself can be transferred to your estate on death. The site agreement, however, is a personal contract and may not automatically pass to a family member. Estate planning implications should be considered and are worth discussing with our Wills and Estates team when you are considering this type of purchase.
When you sell, the outgoing site agreement is typically assigned to the new buyer, subject to park operator approval and subject to any exit and refurbishment obligations. We can act on the sale of a manufactured home as well as the purchase.
Many manufactured home parks in Queensland are marketed as over 50s or over 55s communities. Age restrictions and eligibility requirements are set by the park operator and should be reviewed as part of the site agreement.
Yes. We can act for any client whose property is located in Queensland.