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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Can a Trailer park owner in Ontario charge you 10% to sell

Customer Question

Can a Trailer park owner in Ontario charge you 10% to sell your trailer. Park has mobile homes and trailers on wheels that are raised and surrounded by decks. The trailers are permanent and do not leave at the end of the season. There may be the odd one that rents for just one season. Park is open long weekend in May and closes long weekend in October (Thanksgiviving).
When you want to sell your trailer and leave the park. The owner demands that he will get 10% of the sale. He says he finds the buyers and screens them. Example: mobile trailer sold for $80,000. The buyer had to make a check out to the Park for $8,000.00 and a cheque out for $72,000 to the owner (person selling it).
Can he legally take 10%? He is not a real estate agent.
Submitted: 2 years ago.
Category: Canada Law
Customer: replied 2 years ago.
If this is not a legal practice then which government agency can it be reported to?Some trailers are very close to the water and they have a grey water bed which is dug in the ground next to the trailer. Where are the laws or rather regulations that dictate how close to the water these can be dug?Thank you.
Expert:  Debra replied 2 years ago.
How would the owner enforce this?
I'd there something in your lease where you agreed to this ?
Customer: replied 2 years ago.
There is nothing in the "form" that is emailed or mailed to the trailer owner in the spring which sets out the fees for the current year. When joining the park you do not sign anything else.
WHEN YOU DECIDE TO SELL the owner simply tells you that all transactions have to go through him AND the park gets 10%. You cannot put a forsale sign on your trailer. He tells you to take it down.I am baffled by this practice. A real estate agent is licensed and gets 6% at best. This owner has no credentials and takes 10%. He does not advertise either. He waits for people to contact the park and then lets them know what trailers he has for sale.I'm not certain if you got the question I added to my first inquiry; if this is not legal who can this owner be reported to?Thank you.
Expert:  Debra replied 2 years ago.
He doesn't make the rules or call the shots.He certainly doesn't have any authority to insist on this at all. I don't know why anyone would pay him this money. It is outrageous.He owns the park and can stop you from putting up a sign but certainly cannot stop you from advertising and has no way at all to force you to pay this money.There is no one to complain to. Just don't pay him the money and tell him he can sue you if he wishes.
Customer: replied 2 years ago.
Is it extortion, theft or fraud?He shows the trailers and if he does not get his money he wont let the new people in the park and he will not let u take your possessions out.Are you suggesting that this is a criminal matter and not civil therefore its a police matter ?
Expert:  Debra replied 2 years ago.
He has no right to stop you from taking your possessions out.You can call the police if he does. I don't see it as extortion or theft of fraud though. It is a civil matter unless he won't let you take your own things from his park.
Customer: replied 2 years ago.
In ontario what is the statue of limitation?
If this occured one year ago can the complainant sue? If this occurred 3 years ago can the complainant sue?
Expert:  Debra replied 2 years ago.
The limitation period to sue is two years in Ontario.

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