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."
Dear Alex How do I get the information that you sent?
Does it say it can be assigned?
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.
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?
Indeed. I agree, its not necessarily unlawful but certainly breach of contract.
The contract you have is quite clear regarding the terms and security
The owner by contract is not able to change this without your consnet
* consent *
Therefore the owner is technically in breach of contract
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
Can I clarify anything for you about this today please?
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?
Yes you can say that.
Indeed you can
....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?
That is not unreasonable as per your own agreement
Going back to your previous comment, by "owner" do you mean the holiday park?
Yes that is correct
Thanks. Finally, is there anything else - ideally in "legal speak" I can throw at him to bring pressure to bear?
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
Can I clarify anything else for you?
Think this will help. Have a good weekend. Best wishes Martin
And you Martin
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