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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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I believe my static home has been mis-sold to me on the grounds

Resolved Question:

I believe my static home has been mis-sold to me on the grounds that they breach the special condition within their Sales Agreement, when selling me the home. Can you help?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
What is the special condition you believe they have breached?
Kind regards
AJ
Customer: replied 2 years ago.

"...the home must not be used as a permanent place of residency" or something similar to that. I am sorry but I don't have the Sales Agreement in front of me.

The Sales person knew I was leaving my permanent home and looking for a place to live and never said that the Site Licence was restrict for Holiday use only.

Joy

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Did you make this clear anywhere in writing before you entered into the contract?
Did the sales rep ever acknowledge that you would live there permanently?
Kind regards
AJ
Customer: replied 2 years ago.

Dear AJ

Everything was verbal up until the completion date. They didn't give me a copy of the Sales Agreement (which contained the Special Condition) at the time I paid my deposit. They only gave me a copy to sign at the completion date.

Joy

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
When you saw the Special Condition did you still sign it?
Are they now refusing to return your deposit? If so how much is the deposit?
Kind regards
AJ
P.S My apologies for the questions I just need as much information as possible.
Customer: replied 2 years ago.

That's OK.

The Special condition was in the small print and I didn't see it at the time. In fact, I had reason to think that the Sales Person would have misled me to that extent. I bought the Home for £34,000.00 on HP and paid £4,000.00 on deposit. I believe if I had be given I copy of the Sales Agreement when I paid the deposit, which contained the terms and conditions of sale, I believe I would have seen the Special Condition and cancel and asked for my money back.

Joy

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Unfortunately you are bound to what you have signed even if it is in the small print. I suspect the reason for this restriction is that if you use a caravan site for permanent housing the site would end up needing planning permission.
That said you do not necessarily have no claim - you are a consumer and accordingly there is a requirement that you are treated fairly and not misled (regardless of what is in the small print). The fact is at best there has been some form of sharp sales practice here. What I recommend you do is as follows:
- Go to a local solicitor and get them to write a letter of complaint (this has to come from a solicitor, if they see the letter on headed paper and know you have been legally advised it will give the complaint added gravitas and they will be more likely to take you seriously).
- The letter should state that you have been misled as a consumer and unfairly induced into a contract that you had made clear was not fit for its purpose - at best this has been a sharp sales practice and at worst dishonest;
- Say to them that if they do not make a proposal to either take the caravan back or compensate you reserve the right to either commence a county court claim for misrepresentation and/or complain to Trading Standards www.tradingstandards.gov.uk/
If they still ignore then I would recommend that you go and make a complaint to Trading Standards - they will be slow but they are the best equipped to deal with sales practices that take advantage of a consumer.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Dear AJ

Thank you, ***** ***** been a great help.

Joy

Expert:  Alex J. replied 2 years ago.
No problem.
I wish you the best of luck.
Please do not hesitate to contact me if I can assist any further.
Kind regards
AJ
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