In the past, owners of Units in Retirement Villages have often complained about being forced to use only an Real Estate Agent nominated by the Village Manager to sell their unit. The unit owners’ complaints have included not just the inability to exercise freedom of choice in selecting which Agent they want to use but also that they feel they have been forced to accept higher levels of Agent’s Commission from the nominated Agent because they were unable to “shop around”.

The NSW Supreme Court has recently ruled that it is unlawful for the Village Manager to prevent the owner of an individual unit from choosing their own Real Estate Agent when they are wanting to sell their Unit.