To anyone contemplating the sale of their park home privately, you may be aware that the Government have recently passed the Mobile Homes Act 2013, which came into force on 26 May 2013. This Act amends and updates the previous legislation in a number of important ways. The following information applies even though your current agreement began before the Act came into force.
Keeping to the following new rules should ensure that the sale of your home goes ahead as smoothly as possible.
From Sunday 26 May 2013, if you want to sell your home, you must take the following steps:-
1. You are free to place your home on the market with whomever you wish without having to advise the park owner of your intentions.
2. Once you have found a prospective buyer and agreed to sell your home to that buyer, you must by law give the buyer certain documents at least 28 days before the date when you intend to complete the sale of your home and assign the agreement (unless the buyer agrees to a shorter period being given).
The documents which you must provide to your proposed buyer are as follows:-
3. As well as the documents set out above, you must also by law provide the following information to your prospective buyer, again not less than 28 days before completion of the sale (unless the buyer agrees to a shorter period of time being given)
Park Home Living will make available a ‘Notice to Proposed Occupier’ Form to their clients, who wish to advertise through them.
4. Both you and your intended purchaser must complete a ‘Notice of Proposed Sale Form’ and send it to the Park Owner at the address they have given you as the correspondence address at least 21 days before the proposed date of completion of the sale.
Park Home Living will make available a ‘Notice or Proposed Sale Form’ to their clients who wish to advertise through them.
5. Once the Park Owner has received the Notice of Proposed Sale from you, if they wish to object to the proposed sale and assignment, they must within 21 days of receiving the Notice of Proposed Sale
6. The Park Owner can only object to the sale if the proposed buyer, or someone who is intending to live with them
7. If the Park Owner does not take both of the steps set out in Paragraph 5 above within the 21 day period, then your sale and assignment can go ahead without needing the Park Owner’s approval. You should use the ‘Notice of Assignment Form’ to transfer your agreement to the buyer, which both you and your buyer will need to sign.
Park Home Living will make available a ‘Notice Assignment Form’ to their clients who wish to advertise through them.
8. Within 7 days of the sale of your park home completing, your buyer must complete and send the Park Owner a ‘Notice of Assignment’ form, which must state
9. After receiving the Notice of Assignment the Park Owner will provide your buyer with the details of the bank account where they must pay the Park Owner’s 10% commission – the buyer must then pay the Park Owner the commission within 7 days of the Park Owner providing these details.
10. Finally, if you fail to provide any of the information required in paragraphs 2, 3, 4 and 8, you will not have complied with the new Act, which could lead to the assignment being unlawful and/or a civil claim being made against you by your buyer and/or the Park Owner for breach of statutory duty.
We are able to recommend the use of John Clement of Turbervilles Solicitors who can conduct the sale of your park home. For more details please find their contact details by clicking though here.