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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sir or Madam I own a static caravan on a holiday park

Resolved Question:

Dear Sir or Madam
I own a static caravan on a holiday park where I pay annual site fees. I now wish to sell it to someone privately. The interested buyer had initially approached the sales office at the park. He was told that if he were to buy privately, he would be charged £500 extra year-on-year on his site fees and that he would have no security regarding his pitch.
Suffice it to say, the vans sold by the park are several thousand pounds more than mine.
This policy may well be embedded in the original contract in minute print, but even if it is, to me, this smacks as restrictive practice, but I am not trained in the law!
Can you advise? For the record, I have a pretty good relationship with the overall manager of the park.
Best wishes
Martin Levinson
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Do you have an annual licence or a lease please?
Customer:

Yes. I have just read it through. There is no mention of a year-on-year increase of £500 on the buyers' site fees, and it states that, subject to vetting the buyer, and subject to the park acting as agent - taking 15% plus vat - then the new owner would receive a new Agreement. To quote;"IN OTHER RESPECTS THE NEW AGREEMENT WILL CONTAIN NO LESS FAVOURABLE TERMS TO YOUR BUYER THAN THIS LICENCE ARRANGEMENT."

Customer:

Dear Alex How do I get the information that you sent?

Alex Watts :

Does it say it can be assigned?

Customer:

Not directly. But it does state that if the van is sold - or given away - the new owner would sign a new agreement that, as mentioned above, would contain no less favourable terms for the new owner.

Customer:

The key question is, by verbally telling my potential buyer that A. he would need to pay an additional £500 per year, year on year, (NOT MENTIONED IN AGREEMENT) and B. have no security regarding the pitch (which the potential buyer particularly likes), have the park's sales department acted unlawfully?

Alex Watts :

Indeed. I agree, its not necessarily unlawful but certainly breach of contract.

Alex Watts :

The contract you have is quite clear regarding the terms and security

Alex Watts :

The owner by contract is not able to change this without your consnet

Alex Watts :

* consent *

Alex Watts :

Therefore the owner is technically in breach of contract

Alex Watts :

But what you would need is a declaration from the Court that the terms proposed are 'less favourable' and therefore there is a breach of contract

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi Alex

Customer:

Hi Alex - as I get on reasonably well with the overall park manager, (and do not wish to take matters to court at this stage) could I justifiably say to him that, having consulted with my lawyer, the sales team look very much like they were deliberately putting off my potential buyer and potentially in breach of contract and restricting me from a lawful sale?

Alex Watts :

Yes you can say that.

Alex Watts :

Indeed you can

Customer:

....and get a written assurance from him that A. The park will not charge any private buyer of mine an extra £500 per year, year on year on sight fees, and that the new owner will be just as secure on that pitch as I currently am?

Alex Watts :

Yes

Alex Watts :

That is not unreasonable as per your own agreement

Customer:

Going back to your previous comment, by "owner" do you mean the holiday park?

Alex Watts :

Yes that is correct

Customer:

Thanks. Finally, is there anything else - ideally in "legal speak" I can throw at him to bring pressure to bear?

Alex Watts :

Well its quite simply breach of contract and you will seek a declaration that the owner is not able to forma new contract on less favourable terms

Customer:

Thanks Alex.

Alex Watts :

Can I clarify anything else for you?

Customer:

Think this will help. Have a good weekend. Best wishes Martin

Alex Watts :

And you Martin

Alex Watts :

If I could invite you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and 2 other Law Specialists are ready to help you

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