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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9353
Experience:  I have been practising for 30 years.
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I bought a caravan, and I want to sell it, but the Park says

Resolved Question:

I bought a caravan, and I want to sell it, but the Park says I have to get permission from them, and that I have to tell them who wants to buy it and for how much so that they may decide whether they buy it themselves.
And I think there is a breach of contract because I bought it for letting all year and the Park was going to let it for me. they did not discuss their commission with me at time of sale. They told me the caravan will pay itself and promised me a very good income of at lease £5610,- every season. until now I haven't received anything, all that came out of rental was spent on maintenance, but they said I will get that money after all the costs have been taken off. I was ripped of, I have been to CAB who took my case to ombudsman.
But I need a solicitor to help me sell my caravan without the Park taking all the money from me. Can you help.
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Did you sign any kind of agreement with the park which says that you must give them first option on buying the caravan?

Is there any agreement whereby they say they will let it for you?

Which ombudsman was this taken to, in respect of what, what was the outcome?

What is the problem exactly with the park and the sale of the van?

If we could have background detail, it would help

Customer: replied 11 months ago.
No i did not.
There was vabual agreemant as the condition of buying was only for letting it. and for them to let it for me as i was planning to live the country to go back to my home land. I explained all this to the Park and they said that woulf not be a problem. they did not go in more details. Since i had never bought a property before i thought this was the way they do it. They did not even give me the key, and never expain why, but i thought they did not see why i should have the key since i was not going to use it myself.
The ombudsman is still investigating the case.
The proble with the sale is that i have tried many times to sell it but the park tells me they have to give me permission, i have to give them a monthe notice, the money has to be paid to them and they take whatever i owe them. take 15%commision which was never mentioned at time of sale ect.... they discarage the buyer and they don,t come back. therefore i would like to have a soslicitor to be there when i am selling it so that the park does not confuse me anymore.
The backgraund details is very long i can,t write it now.
thanks
Ma.
Expert:  F E Smith replied 11 months ago.

I have come across this before. Both with regard to the permission to sell the van and also the park saying that they would let it out and the lettings would cover the costs but then, they don’t and hence, it does not.

They can only charge you for selling the man or make you give them first option to purchase if you signed an agreement which said that. Although verbal agreements can be binding if the facts are not in dispute, you are unlikely to have agreed anything which they are now saying.

You may have to give them a months notice and that is not unreasonable. In order to mitigate your loss, you might want to consider selling the van and paying them their 15% commission and then suing them in the Small Claims Court to get the 15% back on the basis that you paid it under mistake or duress basically, because you had no option.

A solicitor writing to park asking them to confirm on what basis they are imposing these terms and threatening them with an application to court if they don’t allow you to sell, would be another option but it’s going to be somewhat slower.

Can I clarify anything for you?

Please rate the service positive. It’s the process by which experts get paid.

We can still exchange emails. Best wishes.

FES

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