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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 800
Experience:  Experienced solicitor
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We purchased a static caravan on a Caravan Park just over a

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We purchased a static caravan on a Caravan Park just over a year ago (Nov 14), for £10,000. Granted, we worked out that around £1,000 of this was for site fees. But £9,000 less depreciation for one year approx £1,700, less estimated vale of £500 at end of the 5 year life that we were contracted for, would calculate as a current market value of £7,300. Due to a relocation abroad, we are currently trying to sell the caravan and have received 3 valuations from private traders - the highest being £750. This is clearly a huge loss and we feel we have overpaid initially. Granted, a private sale may be higher, but unfortunately there are new owners. They are setting age limits on the caravans and so ours no longer is allowed to be rented out, plus we are suspect that the caravan would not be allowed to be kept on site by new owners for very long (much less than our 5 years). So we would also be unable to sell the caravan from much privately. Where do we stand legally? Can we go after the overpaid initial price?
Submitted: 1 year ago.
Category: Property Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
In general in the absence of a misrepresentation by the seller there is nothing in English law to protect you from over paying for something you buy.
One thing that strikes me as potentially useful in your letter is this suggestion that there may be a change in the rules about renting out your caravan. Can you tell me more about that?
Customer: replied 1 year ago.
Our Welcome pack on purchase of the caravan includes a "Tips and F.AQ's" Section which asks "Can I loan my caravan to friends and family?" with the answer of "Yes. This is one of the key reasons most people purchase a holiday caravan or holiday home." We recently received a letter from the new owners stating that "All owners private booking must be made through the park. Bookings not made through reception will not be permitted. There will be a 30% charge for this service and covers all admin, advertising, bookings cleaning & change overs and supplying clean linen for each booking." Although we haven't received anything in writing yet, we have been told that the new owners have also then decided that only caravans up to a certain age may be rented out. Ours is apparently now being classified as too old to be rented out. This means loss of revenue income over the remaining 4 years of the caravans life's for we were to keep it as we can no longer rent it out.
Expert:  LondonlawyerJ replied 1 year ago.
Why are they responsible for linen if it is your caravan?
Was there anything in the contract for sale about these conditions and was there any clause about future purchase of the site and their ability to impose new rules.
Customer: replied 1 year ago.
We received 3 documents on purchase of the caravan - a Sales Invoice, a Welcome Pack and Park Rules document. There is no clause in these re future purchase of site and ability to change rules.
Expert:  LondonlawyerJ replied 1 year ago.
Is there no sale contract?
Customer: replied 1 year ago.
No, only the said documents above. Where does this leave us stand?
Expert:  LondonlawyerJ replied 1 year ago.
It is a little hard to say where this leaves you as there seems to be a good deal of imprecision around this and a lack of a documents that puts all the conditions of your sale in writing.
It is certainly arguable for you to say that over the 5 year life of your hire (?) of the caravan on the site you are entitled to the same terms & conditions as when you bought it.
There may be something somewhere in the small print either in the dcos you have or that are referred to in them that entitles the park to change the rules.
In the absence of any such provision it seems to me that the new park owners can not just tear up all the old agreements that they bought with the park.
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Category: Property Law
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Experience: Experienced solicitor
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