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.
Do you have a licence or any agreement with the park owner please??
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
You signed this I assume?
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%
Yes it changed.
He can now only charge 10%
He can ONLY charge 10% by law, nothing else
Can I clarify anything for you about this today please?
Indeed. If this is residential yes 10% is the cap.
If there is any other type of caravan then sadly there is NO cap whatsoever although 15% is typical
Does that clarify the position for you?
Of course the answer could be to live in it for a month and claim 10%.
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 .
You can challenge the terms pursuant to Regulation 5 of the Unfair Contract Terms Regulations 1999
Reg 5 states:
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.
You can still challenge it
Does that clarify the position?