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Legal Process

What Is The Legal Process For Buying A Park Home? 

If you are buying a Park Home on a residential Park, the first step is to check the site licence to ensure that the Park is licensed for residential mobile home use. Holiday Parks do not offer the same legal protection as residential Parks. Under the Mobile Homes Act 1983, you and the Park owner must enter into a written agreement. The Mobile Homes Act defines Implied Terms - these are rights which include, amongst others, security of tenure, and the right to sell your home 'on site' to a third party. These Implied Terms must be included in the written agreement, and cannot be overridden by the Park owner. The agreement will also contain Express Terms, which include other obligations on the site owner and the resident. For example these terms may include the process for setting increases in the site plot fee, and any duties on the resident to keep their home in good order. It is extremely important that you study the Express Terms carefully, and that you are completely happy with them. For example, they may include the right for a Park owner to move your home to another pitch.

If there is anything that you are not happy with, you must raise it with the Park owner and negotiate to have it changed before you sign up to it. Since Park Homes are classed as 'chattels' in law, there is not a lengthy conveyancing processes that applies to land property. A simple purchase contract is all that's needed. If you are buying a home from a Park owner, you may be asked to pay a deposit. This is particularly the case if you are ordering a new home. If you are in any doubt over the purchase process or the legalities involved it is recommended that you consult a solicitor.     

Text courtesy of National Park Homes Council

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