Advice re selling Static Caravan

lincroft1710

pinkshoes said:

It would seem to me that this is a significant change of the rules that is unfair to the consumer (you) and very one sided towards them.

Under the previous rules, you could sell your caravan to the buyer you have, but under their new imposed rules not only can you not sell your caravan, you have to pay to have it removed. They can't just take over and impose unfair rules.

I'm pretty sure this would come under the Consumer Rights Act 2015 for "unfair terms" in a contract. 

I would be writing to the new owner stating that their new term is unfair and goes against the Consumer Rights Act 2015 (I suggest reading a bit more first...) then set out a proposal to them e.g. you can go ahead and sell caravan as planned to new person (and THEY need to agree to new rules), or that they purchase the caravan off you for £X (£0??) and do what they want with it. 

Most caravan sites have clauses about maximum age of caravan/selling to person approved by site owner/X percent of sale price payable to site owner. None are regarded as "unfair terms" unless the percentage of sale price is exorbitant.

peter_the_piper

Not that it helps the OP but I wonder if the farmer has planning consent for the site? As I understand it over a certain number of vans and use a certain number of weeks  requires consent.

dinglebert

peter_the_piper said:

Not that it helps the OP but I wonder if the farmer has planning consent for the site? As I understand it over a certain number of vans and use a certain number of weeks  requires consent.

Not too sure going down that route would end well.  Lets say for a second he doesn't, then all the statics would have to be taken off site anyway.

the_lunatic_is_in_my_head

OP if you have a buyer then sell it with the condition they come to site to remove it and then hand over the cash once it's hooked to the back of their car? 

williamgriffin

the_lunatic_is_in_my_head said:

OP if you have a buyer then sell it with the condition they come to site to remove it and then hand over the cash once it's hooked to the back of their car? 

I thought it was a static caravan.

bris

williamgriffin said:

pinkshoes said:

It would seem to me that this is a significant change of the rules that is unfair to the consumer (you) and very one sided towards them.

Under the previous rules, you could sell your caravan to the buyer you have, but under their new imposed rules not only can you not sell your caravan, you have to pay to have it removed. They can't just take over and impose unfair rules.

I'm pretty sure this would come under the Consumer Rights Act 2015 for "unfair terms" in a contract. 

I would be writing to the new owner stating that their new term is unfair and goes against the Consumer Rights Act 2015 (I suggest reading a bit more first...) then set out a proposal to them e.g. you can go ahead and sell caravan as planned to new person (and THEY need to agree to new rules), or that they purchase the caravan off you for £X (£0??) and do what they want with it. 

If I were the owner of the site I'd respond and say as you don't agree to the new terms please remove your van from my land within 14 days. 

It doesn't work like that. The OP is bound by the original terms, not the new ones unless they agree to them.

OP has the power here, only problem is it may cost a lot of money to enforce the original terms.

The new owner of the caravan would need to agree to the new terms, this may cause problems for them down the line though and make it much harder to sell.

the_lunatic_is_in_my_head

williamgriffin said:

the_lunatic_is_in_my_head said:

OP if you have a buyer then sell it with the condition they come to site to remove it and then hand over the cash once it's hooked to the back of their car? 

I thought it was a static caravan.

In that case the buyer needs to arrive with whatever is needed to remove the caravan from site.

I don't see that the site owner can dictate how the caravan is sold but, unless the OP wants to remain responsible for a pitch with a caravan on which they no longer own, the site owner is entitled to not allow a new person to subscribe to the pitch. 

born_again

the_lunatic_is_in_my_head said:

williamgriffin said:

the_lunatic_is_in_my_head said:

OP if you have a buyer then sell it with the condition they come to site to remove it and then hand over the cash once it's hooked to the back of their car? 

I thought it was a static caravan.

In that case the buyer needs to arrive with whatever is needed to remove the caravan from site.

I don't see that the site owner can dictate how the caravan is sold but, unless the OP wants to remain responsible for a pitch with a caravan on which they no longer own, the site owner is entitled to not allow a new person to subscribe to the pitch. 

I would guess  that the OP is selling the caravan & plot on to someone, not just the caravan.
But perhaps the OP could confirm that.

J_B

Sam64 said:

............................ And I have someone who would be willing to buy it. 

I think that maybe what you are saying is that ... you have sold this to someone else last year before these new rules came into force ..... 🤔😉

Murphybear

If you don’t need the money try advertising it on Freecycle.

when we lived in Devon someone did that and they were swamped with requests for it.