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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I bought a static caravan last year which was on a caravan

Customer Question

I bought a static caravan last year which was on a caravan park site. it is a 2007 model. I want to sell it to friends. do I have to sell through the park owner? my contract says he can charge 17.5% of the sale price as commission. is this enforceable? I use it as a holiday home and have paid all charges owed. the site is closed January and February.
thank you . mrs o
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Do you have a licence or any agreement with the park owner please??

JACUSTOMER-oqikgm34- :

yes. it is in this document that the owner states "All sales of caravans must be made through the park office. any owner found to be conducting a private sale without the parks knowledge will be asked to remove the caravan immediately. A transfer of ownership fee and a new tenure agreement will be arranged at a fee equivalent to 17.5% of the selling price(plus vat) on all private sales" .Dated 7//6/13

Alex Watts :

You signed this I assume?

JACUSTOMER-oqikgm34- :

YES-.I thought the law had changed and owners can now sell privately? does the wording mean I just have to inform the park owner of my intended sale? also the guidance on internet seems to suggest a max fee of 10-15%

Alex Watts :

Yes it changed.

Alex Watts :

He can now only charge 10%

Alex Watts :

Please see:

Alex Watts :

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236390/130617_fact_sheet_selling_a_home_final.pdf

Alex Watts :

And

Alex Watts :

https://www.gov.uk/park-mobile-homes/selling-or-giving-away-a-park-home

Alex Watts :

He can ONLY charge 10% by law, nothing else

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-oqikgm34- : Are you sure the 10% cap relates to holiday caravans ? The document reads as if it applies to caravans used as permanent residential homes?
Alex Watts :

Indeed. If this is residential yes 10% is the cap.

Alex Watts :

If there is any other type of caravan then sadly there is NO cap whatsoever although 15% is typical

Alex Watts :

Does that clarify the position for you?

Alex Watts :

Of course the answer could be to live in it for a month and claim 10%.

JACUSTOMER-oqikgm34- :

of course it is a residential caravan . I explained in my initial question that I use it as a holiday home .ie it is not my permanent home .. the park closes in January and February, are you saying that my original contract is still enforceable by the site owner? ie I can only sell through him and pay 17% commission on the sale ? please see my copy from the contract above .

Alex Watts :

You can challenge the terms pursuant to Regulation 5 of the Unfair Contract Terms Regulations 1999

Alex Watts :

Reg 5 states:

Alex Watts :

5. (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

Alex Watts :

You can still challenge it

Alex Watts :

Does that clarify the position?

JACUSTOMER-oqikgm34- : I had to suggest everything and got contradictory advice.felt as it you didn't have a clue about the subject .
Alex Watts : I have given you the Unfair Contract Term Regulations which can assist you, as well as suggesting you could move in and argue the 10% cap
Alex Watts : What else can would you like to know?

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