Barry moved into a retirement village. After several months he was not happy at that village, and with health issues wanted to move to another village. His Occupational Rights Agreement (ORA) had a clause allowing the operator to pay out the resident at their discretion instead of waiting for the unit to sell. Barry had found a unit in another village and approached the operator to ask if they would pay him out early. The operator declined to enact that right. So, to secure the move to another village Barry had to arrange bridging finance, After 6 months the villa had still not sold, and with the Deferred Management Fee (DMF) further accruing Barry went back and ‘pleaded’ for the operator to reconsider. The operator had someone interested in a villa and agreed to look at repaying Barry’s capital – on the condition that Barry agree to an additional $10,000 (approx. an extra 5% DMF) being given to the operator. Barry was desperate and agreed. Two months passed, and the operator asked Barry to see him in the office. He had a document for him to sign. It was a confidentiality agreement. Barry was told that if he did not sign it then the people that the operator had found to buy his unit would be shown a different villa. Barry reluctantly signed the confidentiality agreement.
