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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our rights on the sale of our mobile holiday home without a

Resolved Question:

Our rights on the sale of our mobile holiday home without a written contract between us and the site owner.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What is it specifically you would like to know please?
Customer: replied 2 years ago.
I am not happy with this servic and request a refund. I went onto your site for an answer to my quetion shown above and was asked to pay £39 and it now looks as though I have to pay another £36 to talk to you. It says below I have an unclaimed offer, but can not fine what that offer is.
Expert:  Ash replied 2 years ago.
No, its a one off fee. If you want to speak with me rather than text based its an extra fee. But we can speak via this question. Does that clarify?
Customer: replied 2 years ago.
Ok thank you. I will try and explane in a little more detail my question.We purchased a holiday mobile home about 11years ago on site in Ramsgate Kent. When we purchased it we asked for an aggrement or contract, but was told the owner of the site did not issue them. We asked around the site with other owners who all said they did not have any contracts and had not had any problems.We are now trying to sell our mobile home privately, but the site owner has said we can't sell it without her permission, and she will not buy it from us. She says it is not worth anything. We asked if we could take it off the site, but she says yes but using her contracter
at an inflated cost making it unpracticle. We have paid all of our site fees up to March 2016 and pay all of our gas, electricity and waterevery quarter on time.
We know from what has happend to other owners, they walk away and leave their mobile homes having been told they are not worth anything, only for the site owner to then sell them for £10, 000 fora van that is 12/13 years old like ours.
Our site is a unprotected site, which means it closes for 6 weeks every January.
My question is can she do this?
Expert:  Ash replied 2 years ago.
Just to be clear the owner says you need permission, but you dont have any contract which says you DO need permission?
Customer: replied 2 years ago.
Alex, that is correct, but she has given contracts to new owners in the last few weeks, but still insist to me she does not give contracts
and pushing us into leaving the mobile home and she will then sell it.
Regards Derrick
Expert:  Ash replied 2 years ago.
Ok. Then if there are no signed contracts they can't refuse to let you sell. This is because any agreement must be governed by a contract. No contract - no terms to stop you selling.
So you do not need be stopped, you can do what you want - you do not need permission.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Alex, thank you, ***** ***** thing. Because she owns the land that the van sits on can she stop me selling it in siitu.? If so am I entitled to any money she gets for it if I leave and subsequently she sells it on.
Expert:  Ash replied 2 years ago.
She can't stop you selling no. You are entitled to the mo EU
Alex
Customer: replied 2 years ago.
Ok , sorry but your reply is not complete at the end ( mo EU )? Can I ring you if it will make things easier.
Regards Derrick
Expert:  Ash replied 2 years ago.
Sorry I meant you are entitled to whatever is in the contract. No contract, no clauses the owner can rely upon.
Does that help?
Alex
Customer: replied 2 years ago.
Alex, you are not giving me any lagal argument I can use with the site owner. What you are telling me are the arguments I have been using
With the site owner, but she uses the same answers every time telling us its her land and she will not let us sell it in situ. As I said before she will let us sell it of site, but she wants an nflated price to get it to gate. She knows we would not go down that path and hopes we will walk away. Then she would sell it on and we would get nothing, but she would end up with anything between £5/10, 000.
Expert:  Ash replied 2 years ago.
It is a matter of contract. If there is no contract then Site Owner can not make you do anything. Contract is not governed by statute but common law. If the owner wants you to leave they MUST get a Court order which you can defend.
Does that clarify for you?
Alex
Customer: replied 2 years ago.
Ok Alex, it would seem the caravan being my own property I can do as I wish with it. If we decide to remove it from site it would appear
we can get a couple of quotes for removal and take the most competitive. Also if we decide to leave and she sells it we are entitaled to the proceeds less 10/15%. Commision. If that is correct can you just confirm I am correct.
Regards Derrick.
Expert:  Ash replied 2 years ago.
Yes but the law limits commission to 10%.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Ok Alex, I think we have covered everything and hope we will prevail in our aim to sell our van. Thank you for your time and help.
Regards Derrick