Retirement Living Lawyer

DAVID’S Services

Leaving Villages

Leaving a retirement village is unlike any other real estate transaction and can be disconcerting, especially given the arrange of exit fees that can apply. David specialises in assisting residents and their families on exit from villages, ensuring the process has been properly conducted and they are not overcharged. David checks (and, if necessary, queries) all amounts charged by villages on exit, including:

  • exit fees

  • shares of capital gain

  • cost of reinstatement works

  • refurbishment costs

  • costs of selling

  • sales commissions

  • service fee adjustments

    • the village’s legal fees

Contact David for a free initial consultation.


Dispute Resolution Services

Sometimes disputes arise between a resident and their Village or Park. David tries to negotiate a satisfactory resolution without the need for formal legal proceedings where possible. This avoids any unnecessary stress that might undermine the very reason for entering a Village or Park: the lifestyle.

But if formal legal proceedings are unavoidable, David can also assist. He has assisted and represented residents in many disputes that have gone to the Tribunal or a Court, detailed here.

Contact David for a free initial consultation.

Moving into Villages

David has been reviewing village residence contracts, and assisting village residents, for over 10 years. He knows what to look for in a village residence contract and knows how to avoid the pitfalls. A retirement village can be an excellent choice, as long as you move in with your eyes open. You need to look beyond the physical appearance and the up-front cost to ensure the underlying residence contract suits your needs now and into the future.

Contact David for a free initial consultation.


Wills, Enduring Powers of Attorney, Estates & Probate

David assists retirees with Wills & Enduring Powers of Attorney. He offers an in-home service for those who live on the Sunshine Coast.

David can also assist with the administration of Estates involving accommodation assets in Villages or Parks. He can often negotiate for the process to be completed without the need to obtain a Probate (which can be expensive). If that cannot be avoided, David offers a discounted probate service that is considerably cheaper than other Estate administration services.

Contact David for a free initial consultation.


Ownership Changes

Sometimes Villages and Parks make big changes. The owner or operator might decide to sell or redevelop the Village or Park, or seek to re-negotiate the residents’ contract terms. Such events can be stressful and impact on the lifestyle residents expected on entry to their Villages or Park. David has assisted many residents to navigate this situation and minimise the impact.

Contact David for a free initial consultation if you are in this situation.


Moving into “Over 50’s” Manufactured Home Parks

Manufactured Home Parks, also known as “Land Lease” developments or “Over 50’s” resorts, are popular alternatives to retirement villages. These Parks are certainly worthy of consideration but, like retirement villages, there are pros and cons, so you need to get the right advice. David has advised many residents with these Parks and can help you avoid any pitfalls. Popular brands include Gemlife, Palm Lake Resorts, Halcyon, and Hometown.

Contact David for a free initial consultation.


Occupancy changes

Sometimes a single resident in a Village or Park will want someone else to move into their unit with them, such as a new spouse or a carer. Unfortunately some Village and Park contracts do not allow this, so the process of ensuring the new occupant has a right to reside in the unit can require negotiations with the Village or Park operator, as well as some contract changes. David has assisted a number of residents in this situation.

Contact David for a free initial consultation.


Sudoku Advice!

David is a bit of a Sudoku nut and is happy to help clients with any puzzles that have them stumped (for free)!