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Nicola-mod
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Hi, I bought a "holiday park home" in 2008. I paid £142,500

Customer Question

Hi,

I bought a "holiday park home" in 2008. I paid £142,500 for a new Willerby New England lodge. I have a "License agreement" which states that if I wish to sell the Lodge I should offer it back to my Park Home in the first instance. The license also states that I may take the Lodge off Park to sell it to a 3rd party. The agreement states I can keep the lodge on the plot indefinitely as long as I pay services charges and ground rental charges as applicable.

However I have attempted to offer the lodge back to the Park Owners on 2 occassions through my Park office ( owners = Allens Caravans and own about 10 parks). Have telephoned the company hq and now followed up by TWO emails. However they have not responded. Is there a case to deem the License agreement breached by the Park owners and advertise my Lodge privately?

Furthermore the License agreement states the "Company" would offer to buy the Lodge back to me at " fair market value," I have researched same model lodges of the same year as being sold in different parts of the uk at around 100k - £120k. COULD THAT FIGURE be used as a precedent to use in selling back to my Park LESS fair Mark up of 15% plus vat?

Thx,

John
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Aston Lawyer :

Hi there
Thanks for your enquiry.

Aston Lawyer :

In standard Agreements of this tyoe, provided you have offered the Park first refusal, then you are entitled to sell the Lodge independently.

Aston Lawyer :

I would therefore advise that you send the Park a registered post letter, stipulating that if you do not hear from within 7 days with confirmation that they wish to purchase the Lodge, that you will then sell it independently.

Aston Lawyer :

As regards the price you sell it for, you will need to try and get market value for it, and the figures you quote from the comparison you have, appears to be fine.

JACUSTOMER-vbistqpt- : I have sent them an email to that effect giving them 7days to reply But I do not know where that stands in law. I have spoken to others rk owners who say they are very ruthless,and have given other owners "a pittance " for their homes. I also asked about " fair market value"." What is your view on this aspect?
Aston Lawyer :

Hi,

Aston Lawyer :

I would still send them a registered post letter- you will then have evidence- as some emails can "get lost" or they could argue they never received it.

JACUSTOMER-vbistqpt- : I have also telephoned their HQ twice and spoken to the Secretary of the director concerned, surely this is fairly watertight evidence. Also I need to know the strength of the situation IN LAW
Aston Lawyer :

As regards fair market value, the only way you can calculate this is by reference to the Sale price of other Lodges of a similar type. It therefore appears that you have done your homework on this, and have got some comparables.

Aston Lawyer :

In law, you would need to send a letter I'm afraid. Unfortunately, with phone calls, there is no written evidence you can produce that these wer emade, and likewise, as you are under a duty to offer the Lodge to them, the law in this regard would mean you writing to the Park with this Offer.

Aston Lawyer :

I hope this assists.

Aston Lawyer :

Kind Regards

Aston Lawyer :

AL

JACUSTOMER-vbistqpt- : i have written and photographic evidence that new homes of this sort are £179,000 and ones of my age are sellinfg for 99k and 102k. However if they do give me a price and say it is for example, 60k, would that be considered"fair market value?"
JACUSTOMER-vbistqpt- : IF THAT IS YOUR LAST COMMENT IT HAS NOT BEEN VERY HELPFUL AT ALL. THE ONLY ADVICE YOU HAVE GIVEN ME IS TO SEND A REGISTERED LETTER.
JACUSTOMER-vbistqpt- : I will have to mark you on that basis.
Aston Lawyer :

Hi,

Aston Lawyer :

I am stilll here!

JACUSTOMER-vbistqpt- : Why did you say, kind regards,
JACUSTOMER-vbistqpt- : AL
JACUSTOMER-vbistqpt- : then?
JACUSTOMER-vbistqpt- : I paid for medium level of advice. Telling me to write to the company is not medium or low but almost non existent and any person with a modicum of sense could have said that
Aston Lawyer :

Well, as I explained in my earlie rpost, a fair market value is just that- you have to compare the selling prices of similar Lodges, and then you know what is a fair price or not. Obviously, if the Park only offered you 60K, this certainly would not be a fair market price, and would be well under the market value.

Aston Lawyer :

I will opt out then- you say anyone could have told you to write a letter, but it doesn't appear that you have done this yet!

JACUSTOMER-vbistqpt- : thatthat that does,not take into account their level of "mark up" or " profit margin"
JACUSTOMER-vbistqpt- : Since your reply was so short and devoid of any legal substance PLUS you opted out of any further responses I have marked you accordingly.
JACUSTOMER-vbistqpt- : it seems to me you are out for a fast "buck."
Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

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