A Simple Guide to Buying a Preloved or Secondhand Park Home in England

Introduction

Buying a park home is a big decision, just like buying any other property. This guide will help you understand what you need to do if you want to buy a park home on a protected site in England.

Important Laws

The process is controlled by the Mobile Homes Act 1983 and the Mobile Homes (Selling and Gifting) (England) Regulations 2013. Both the seller and buyer have specific duties, and not following them can lead to legal problems.

When purchasing a park home, it is important to understand that this is a legal process governed by specific regulations.

The buyer and the seller must ensure that all information provided is factually accurate and complete.  Providing false or misleading information can lead to serious legal consequences, including potential fines or invalidation of the sale.  Therefore, it’s crucial to comply with all legal requirements to avoid any undue trouble.

Get Professional Help

It is wise to get advice from a lawyer or another professional who is not linked to the seller or site owner.

Getting independent professional advice is important when buying a park home because it gives you an unbiased view of the transaction. Professionals who have no ties to the seller or site owner can give you a clear, objective look at the legal aspects and any potential issues. This unbiased advice helps you make better decisions and avoids any conflicts of interest that might come up if the advice came from someone involved in the sale.

Additionally, independent experts can help you understand the complicated rules and legal requirements for park homes. This knowledge can help you avoid expensive mistakes and legal problems that can come from not following these laws. Their expertise can also be helpful in spotting any hidden problems with the property that you might not notice yourself.

Lastly, getting advice from an independent professional can give you peace of mind, knowing that you have made a well-informed choice. This reassurance is especially important in big investments like buying a park home. Knowing that you have checked all parts of the transaction thoroughly can make the whole process smoother and more enjoyable. So, getting independent professional help is a smart step in protecting your interests and securing your investment.

The Leasehold Advisory Service (LEASE), an independent organization set up by the Government, provides free initial advice about your rights and responsibilities.

Buying from a Resident (if they were in the home before 26 May 2013)

  1. Documents: The Seller must give you a Buyer’s Information form (Schedule 1). This requires them to provide you with details and documents listed in that Schedule at least 28 days before the sale completes.
  2. Survey: Optional, but you can ask for one.  It’s always a good idea when purchasing any property to check that it fit for purpose and a survey can help you confirm this.
  3. Notify Site Owner: The seller must fill out a Notice of Proposed Sale form (Schedule 2) and give this to the site owner.  The site owner has 21 days to object to this.
  4. Complete Sale: If there’s no objection to the Notice of Proposed Sale form, the seller and buyer must, fill out the Assignment form (Schedule 4).  This confirms the date the agreement has been assigned to the Buyer. The Buyer will need to pay the seller 90% of the agreed sale price.  The remaining 10% will need to go to the site owner.
  5. Move in!
  6. Inform the site owner: Once you have moved you have 7 days to give the site owner the Notice of Assignment Form (Schedule 5) to confirm you have purchase and moved in.
  7. Pay the 10%: The site owner will give you their bank details so the 10% can be paid to them.  The buyer has 7 days to do this once they receive the bank details.

Buying from a Resident (If they were in the home after 26 May 2013)

  1. Documents You Need: If you’re buying a park home from a resident who bought or received it after 26 May 2013, the seller must provide a Buyer’s Information form (Schedule 1) with all necessary details and documents at least 28 days before the sale.
  2. Consider a Survey:  A survey of the home is optional. You can request one if the seller hasn’t already arranged it. How this is arranged and paid for is up to you and the seller.
  3. Complete the Sale:  Once you’re ready to proceed, you and the seller will need to fill out an Assignment form (Schedule 4). This form includes the agreed purchase price, the commission payable to the site owner, and the pitch fee you have to pay. You must pay the seller 90% of the sale price at this stage and keep the remaining 10% to pay the site owner later.
  4. Move in!
  5. Notify the Site Owner:  Within 7 days of completing the purchase, you must provide the site owner with a Notice of Assignment form along with other required documents to confirm your purchase and move-in. You can deliver this form personally or send it by post to the site owner’s address. If this address is not available, you can send it to any other known address of the owner.
  6. Payment of Commission:  As soon as the site owner receives the Notice of Assignment form (Schedule 5), they must provide you with their bank account details for the 10% commission payment. The payment becomes due only after you receive these details, and you must pay the commission within 7 days of receiving the bank details.

Important Reminders

  • The site owner should not, and does not, need to ask for personal or financial details, outside of what the schedules require you need to provide them, before you complete the purchase.
  • If the site owner tries to interfere with the sale, this can be reported to local authorities or the police.
  • Buying a park home involves several steps and legal requirements, so make sure you have all the necessary information and professional advice to make a smart decisions.