park homes policy forum

Should You Instruct a Solicitor When Buying or Selling a Park Home?

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Whether you are buying an existing park home, purchasing a brand-new home from a site owner, or selling your current home, one question often arises: do you need a solicitor?

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Although the Government strongly advises that buyers and sellers take independent legal advice, many people are told otherwise.

 

Common comments include:

• “You do not need a solicitor; it is only a park home.”

• “It is just like buying or selling a car.”

• “Paying for a solicitor is a waste of money.”

• “The agreement has already been drawn up by lawyers.”

 

It is true that there is no legal requirement to instruct a solicitor. However, there are compelling reasons why doing so is often a wise decision.

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For most buyers in particular, purchasing a park home involves investing a significant proportion of their savings in what will be their home. While many transactions proceed without difficulty, problems do arise, and when they do, the consequences can be serious — sometimes even resulting in the loss of both home and money.

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From my experience acting not only in sales and purchases but also in disputes where matters have gone wrong, there are numerous issues that can arise. These include:

Compliance and Structural Issues

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Questions may arise as to whether the home complies with legal requirements, including matters such as mobility standards or extensions added after the original installation.

 

Many buyers and sellers are simply unaware of the potential implications of these issues.

Site Licence and Safety Concerns

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Issues relating to fire safety and compliance with site licence conditions — for example, spacing requirements between homes and other structures — can create significant difficulties if not properly addressed.

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The Site Owner’s Interest in the Land

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It is important to understand the nature of the site owner’s legal interest. If the site owner is not the freehold owner of the land, this may affect the rights of homeowners and the long-term security of their occupation.

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Agreement Terms

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Increasingly, agreements issued by site owners are placing additional obligations on homeowners, including financial responsibilities that may not have been common in the past. These terms should be carefully reviewed before committing.

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Following the Correct Legal Process

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The statutory process governing park home sales must be followed precisely. I have encountered cases where site owners have alleged that the correct procedure was not followed and have sought to terminate agreements as a result.

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In one case, an estate agent advised a seller to serve a Notice of Proposed Sale. The site owner objected and issued tribunal proceedings. The buyer withdrew from the transaction. In fact, no notice was required in that situation, and the difficulty could have been avoided with proper advice at the outset.

 

While many transactions do proceed smoothly, it is not safe to assume that this will always be the case.

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Park homes also carry ongoing responsibilities for maintenance and repair. For that reason, obtaining a survey before purchasing is strongly recommended. A surveyor can identify structural concerns and may also highlight some of the wider issues mentioned above.

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If you do decide to seek professional advice, it is important to ensure that the solicitor, surveyor or adviser you instruct has specific experience in Mobile Homes Act law. Not all professionals are familiar with this specialist area, so it is sensible to check before proceeding.

 

If you either own a home where an issue like this might arise or are considering purchasing a Residential Park Home and want to understand your legal rights, contact Tim Selley, Partner at WBW Solicitors in Exeter. Tim specialises in park home law and can provide the advice you need. Call 01392 260141 or email timselley@wbw.co.uk.

WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.

 

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

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