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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We have agreed to buy a mobile home and have paid a small deposit

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we have agreed to buy a mobile home and have paid a small deposit (£200) as down payment. We have decided on reflection that we do not wish to proceed with the purchase. we have signed (yesterday) a written statement/purchase agreement . This included a waiver of our right to a 5 day cooling off period. we only discovered this yesterday evening on returning home. This was not explained to us when signing. My question is can we now pull out of the deal?
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if this is a park home in which you would (if you purchased live) or a caravan please for holidays?
Customer: replied 1 year ago.

The caravan is a holiday caravan

Expert:  Joshua replied 1 year ago.
Thank you for the above. Could you tell me if you entered into the contract over the phone, at your home or at the sellers officer please? Were you advised that you would have a 5 day cooling off period or is this contained in any literature supplied by the seller?Is th ewaiver clause you refer to buried in the small print or prominant on the document you signed?Finally does the purchase agreement you refer to commit you to purchasing the caravan within a certain number of days or is just a holding deposit agreement?
Customer: replied 1 year ago.

  1. The contract was signed at the seller's office. We weren't advised verbally re 5 day cooling off period.

  2. As regards ***** ***** documents the only mention of waiver clause is in the bottom paragraph of written statement form headed to be completed if purchase is completed within 5 days. We have paid a small deposit and when asked when we would like to pay the balance we said within a few days to allow funds to be cleared. Within the paragraph headed to be completed if purchase is completed within 5 days it states: "You are aware that you have a 5 day cooling off period on the purchase of a holiday home from Ord House Country Park; however you confirm that you wish to complete the purchase within the 5 day period and as such relinquish your rights to said cooling off period". This was not pointed out to us. We weren't advised verbally we had either a cooling off period or that we were relinquishing our rights to cooling off period. I have just noticed on the back of the purchase agreement/sales invoice for a caravan holiday home form that there is a list of terms and conditions. Para 1 refers...." If you decide not to proceed within a period of 5 days from the date of this order, you can cancel by giving us notice in writing without penalty. Where you have breached the agreement by cancelling outside the 5 day 'cooling off' period, we will be entitled to recover our losses incurred in consequence. Of note we were rushed to sign the forms on 25/05/15. In terms and conditions of sale it states that you are encouraged to take time to read all the details of this Purchase Agreement and the related Licence Agreement. This didn't happen. We haven't signed the Licence Agreement Part 1 - Particulars which states that "this is a legally binding agreement which you should sign only if you are satisfied with the terms and conditions.

  3. The purchase agreement/sales invoice form has an invoice date of 25.05.15 with an est completion date of 29.05.15.


NB my husband omitted to sign for receipt of written statement "....hereby confirm that you have received the written statement proposed for your planned purchase of a holiday home to be sited on Ord House Country Park along with copies of the park rules and licence agreement which states BUYER(S) (all parties must sign

Expert:  Joshua replied 1 year ago.
Thank you very much. There is no statutory right to a cooling off period in these circumstances. However if you understood you would have one and it has been crossed out without your knowledge you can argue that you believed you had a 5 day cooling off period and this was struck out without your agreement or consent. If you assert that you had a 5 days cooling off period then you can give written notice of cancellation and demand the return of your deposit.If you did not understand that you would have a 5 day period to change your mind then as above there is no statutory right to a cooling off period and therefore you cannot insist on one. You can still cancel your agreement but you would have to pay any reasonable loss incurred to the seller. If you choose to cancel they will of course still have the caravan to sell to someone else and in the assumption you have paid no more than normal market value then they should be able to sell it to someone else for a similar price or perhaps even more. Accordingly their losses are likely to be limited to some administrative costs and you could either agree to walk away on the basis they keep your deposit which should more than cover such costs or you could seek to recover some of your deposit on the grounds that their administrative and any other losses are likely to be less than your deposit.Ideally you would be able to reach an agreement in these circumstances and if so record the agreement in writing - email would be fine. If you cannot reach agreement then if they contend you owe them more money then they would have to issue proceedings in the county court to recover further funds from you which would be judged on the above basis and there would be limited grounds usually for them to recover anything further.Similarly if you wish to claim some of your deposit back it wold be for you to issue proceedings against them if you cannot agree unless you paid on card in which case you could ask your card provider to process a chargeback for the amount you wish to claim in the first instance.If you decide you need to issue proceedings in the county court the simplest way to do so is by using the courts online issuing service:https://www.moneyclaim.gov.uk/web/mcol/welcomeI hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 1 year ago.

Thanks, ***** ***** I have telephoned the company this evening unfortunately answer machine only so I have asked them to call back but have made it clear that we do not intend to continue with the purchase although we accept they may have administrative costs to cover and do not expect to receive our deposit back. I am following up with a detailed email and letter by recorded delivery just to be sure!!.

Expert:  Joshua replied 1 year ago.
I am glad the above was useful. No problem at all with phone calls but as this has the potential to (albeit hopefully will not) develop into a dispute, do consider following up any conversations by email as you propose. Also any cancellation notice must be in writing to be valid but I note you are putting it in writing which is ideal. I hope you are able to agree a settlement agreeable to both of you without the need for any dispute.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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