Potential consequences
There are potential consequences for a seller if they do not provide the written statement, unless the purchaser consents in writing to the statement being provided to them by a date fewer than those 28 days. The Mobile Homes Act provides what information should be included within the written statement that is provided and the Mobile Homes (Written Statement) Regulations 2011 specify the nature of the content as well. These regulations are available to view on the following website link: www.legislation.gov.uk/uksi/2011/1006/made. There is no further mention of procedural requirements for the sale of the mobile home by a site owner within these regulations.
Consumer rights
When a site owner sells a park home to an individual (or individuals) but not to a trader or business, the seller should be aware that they are in fact selling goods to a consumer. The site owner will therefore have obligations to consider under relevant consumer protection legislation.
The Consumer Rights Act 2015 (the Act) was given Royal Assent on 26 March 2015. The majority of its provisions came into force on 1 October 2015.
The aim of the Act is to consolidate all of the legislation in this area (i.e. unfair contract terms, sale of goods etc) into one place.
Let us know what you think about the issues raised here at. Email us: phhc.ed@kelsey.co.uk
If you have any questions in relation to this article please do not hesitate to contact the Park Homes Advice team at LEASE on 020 7832 2525, email: parkhomes@lease-advice.org
To read more about this issue read the March 2016 issue of Park Homes and Holiday Caravan
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