Buying a new park home can be very exciting! What’s more, park home buyers can rest easy knowing that the law protects many of their rights. Thanks to the Mobile Homes Act of 2013, park homeowners now have a greater say over when to sell their properties, as well as how much park owners can involve themselves in their business.
However, as with all property ownership, there is plenty of paperwork involved. When you buy a park home, you’ll have to sign an agreement. When you sell a park home, you’ll have to provide buyers with even more paperwork! There is a fair amount of administration involved. However, it is all for the greater good.
A written statement is one of the most important pieces of paperwork you will own. This statement will clearly lay out what you can expect from your park contract, and what a site owner will expect from you in return.
But what exactly does a written statement contain? Has it changed because of law updates in 2013? At SellMyGroup, we want to make sure you have access to all the resources and support you need as a park homeowner. In this guide, we will break it all down for you.
A written statement for a park home is a document that a site owner supplies you. It is a full document which lets you know what to expect from owning a home on the site you are applying to. It will also let you know your basic rights, and what the law expects of all parties in an agreement.
A site owner must give you a written statement if they want you to agree to their terms. It is a preliminary contract of sorts! It lets you know exactly what to expect before you sign any documents and before you put any money down.
A park site owner should give you a written statement to you 28 days ahead of any signing of contracts. You can choose to agree to the statement before any formal contacts; however, it’s not a legal requirement. You certainly won’t have to buy your home or make an offer at this stage!
A written statement is very important. It’s a crucial piece of paperwork which you can look at with a solicitor if you have any questions. This is an important point where if you do have pressing concerns or worries, you should raise them right away. A site owner will need to address your concerns before signing agreements and contracts. It is at this point where you can decide whether you want to continue, as you won’t have to make any offers.
Your written statement should include everything you need to know about your property before you buy it. Just as everyday properties use home reports, park homes need written documents to show you exactly what you are getting into.
The information a written statement should include is as follows:
Ultimately, a park home written statement should give you full confidence in a park and a property. It exists to answer most of the questions new buyers have before signing contracts. Therefore, you can rely on it to answer many finance and legal queries you may have before you attach a signature.
Once again, you can ask for help from a solicitor. 28 days is a large window, which means you can discuss your statement with legal support if you don’t understand some of the terms. Before you sign or agree to anything, you must always ensure you understand what a park expects of you! Otherwise, you could enter into a contract you might not agree with.
All statements have different terms listed in the paperwork. These terms split into two different types, which are ‘express’ and ‘implied’. While you will need to agree to all terms when signing your contract, it is worth knowing the difference between these types when they arise.
Implied terms, or consolidated implied terms, are covered by your final agreement with the site owner. These terms are legally binding and are therefore inflexible. To be able to take up your park home, you must agree to all implied terms. These terms are not always available in written form; however, a site owner should give you these details in their first statement. This is another reason why the statement is so important!
All implied terms should obey laws set by the Mobile Homes Act 2013. This is the latest update to legal information that applies to the park home sales process. It came into law as of the 26th May 2013, meaning that all properties sold after this date apply. The government advises that you should treat the new rules from 2013 as law, even if your written statement contradicts them. No statements should contradict the law in any way, but it is always worth keeping in mind.
More information on consolidated implied terms is available from the government via GOV UK.
Express terms are a little different, in that they can be more flexible than implied terms. For example, express terms are those you agree with your site owner during a sale. They generally apply to conduct during a sale, or during a termination. This is information that is still crucial to your sale and ownership!
Therefore, a site owner should still include these details in your written statement. What’s more, while they are a little different to implied terms, you will still need to agree to them when you sign your contract.
Even if you are happy and confident with your written statement, you should always be ready to ask for legal help and advice. A solicitor will help you look for any terms or conditions you may not be aware of. They will also help you to understand specific wording and how it applies to you.
It’s very important to ask for legal help. The 28-day window between the statement being sent to you and your contract signing date offers you a chance to change your mind. During the four weeks, you can ask your solicitor for advice on whether they feel you should go ahead. You could also ask them if there are any terms which concern them.
Park home agreements and statements are fair and legal by design. All parks must obey UK law, and therefore, it is unlikely you will find any legal concerns in your statement. However, that isn’t to see you will be comfortable with the terms! Therefore, you should never shy away from calling a solicitor once you receive your statement. We recommend solicitor help for the very reason that it is better to be safe than sorry.
Yes! There is some confusion over the difference between statements and agreements but think of them as preliminary contracts. It is here where everything is written out in full for you to consider. While you may already be confident in the terms a park owner has offered you; it is a very good idea to get details in writing. Otherwise, you may have little legal backing if something negative happens later down the line.
Here at SellMyGroup, we want to ensure that home buyers find their ideal parks. All the parks we list for are friendly, law-abiding, and under regulation. However, for your peace of mind, you should always read written statements carefully, as well as ask a solicitor or legal advisor to do the same. Agreements are binding when you sign them. The worst thing you can do is sign a contract and find there are terms you don’t agree with!
Want to know more? Make sure to read our guide on park home myths for greater peace of mind when you buy.