Park Homes and Consumer Rights Act
We are delighted to publish this excellent and informative article written by park home legal expert Ibraheem Dulmeer, it will be of particular interest to purchasers of new homes. Here at Paul Baker Insurance Services (PBIS) we have spoken to a number of residents in recent months who have been very unhappy with their new homes. Issues can range from unfinished landscaping, incomplete skirtings and steps, cracked bases, poor finishes and a lack of promised amenities. We hope this article will answer some of your questions but remember if you are insured with PBIS both our policies include access to legal advice, and our ‘Select’ policy also includes legal expenses which includes certain disputes with site owners.
Park Homes and Consumer Rights Act: An introduction
If you buy a park home directly from a site owner there are additional protections afforded by the Consumer Rights Act 2015 (“Consumer Rights Act”). This article aims to give the reader a useful introduction into some of the main aspects of the Consumer Right Act. These “rights” are triggered when the site owner sells a park home to someone other than a trader or a business.
The Consumer Rights Act makes it easier for park home buyers and site owners to understand their rights and responsibilities. Before the Consumer Rights Act, consumer laws were dealt with under different laws (separate Acts of Parliament).
Following the Consumer Rights Act, it is now easier for both buyers of park homes and site owners to establish their respective rights and liabilities, at the same time it is important for both the site owner and buyer to be aware of what they are.
With particular regard to buying a new park home. The Consumer Rights Act provides that a new park home sold to a park home owner should be:
- of satisfactory quality
- fit for purpose
- as described
- installed correctly
- delivered without undue delay or within 30 days of the contract being made unless agreed otherwise.
An overview of the main protections:
For the purposes of this article, I will cover “satisfactory quality”, “fit for purpose” and “as described”.
The park home should not be faulty or damaged when a park home owner purchases it. A park home owner should ask what a reasonable person would consider satisfactory for the park home in question. For example, a luxury park home advertised as having a high-end finish should not have an incomplete finish.
“Fit for purpose”
The park home should be fit for the purpose it is supplied for, this includes any specific purpose the park home owner has made known to the site owner before purchase. An obvious example will be that the park home must be fit for occupation throughout the year, in both summer and winter and fit for the location in which it is intended to be sited.
The buyer should have regard to brochures and any public statements, as these may be relied on to evidence that the goods do not match the description given. This may be the type of evidence that the courts rely on. Park home owners may wish to keep a print-out of website materials used to sell the park home to them. It's sensible to obtain direct confirmation from the seller that the home matches the website description before the purchase is concluded; which is why it is essential to obtain independent legal advice when purchasing a park home.
Rejecting the park home:
There are certain situations where the buyer would be able to reject the park home. For example, if the buyer discovers a major fault with the park home they have a right to reject the goods and receive a full refund.
Timeframes are essential here and specific advice should be sought as soon as possible.
Seeking independent legal advice before buying:
Should you have any issues with your new park home, it is important that you give the site owner the opportunity to rectify the matter/s. However, be aware that there are timeframes that you have in terms of rejecting the park home and it is prudent to seek specific legal advice as soon as possible.
How to contact Ibraheem:
You can also can submit an enquiry using website: www.parkhomeslaw.com
Ibraheem Dulmeer is a barrister and mediator at Normanton Chambers, 218 Strand, London, WC2R 1AT. Ibraheem can provide you with the legal advice required when buying a park home and advice you on consumer laws.
Ibraheem accepts instructions directly from the public, as a public access barrister on any park home matter. This means you may instruct him directly; he can be contacted by:
Telephone on: 07939 259 924
By e-mail on firstname.lastname@example.org
The information provided in this article serves as useful guidance only. Please note that this article is not intended to be comprehensive. If in doubt, you could seek specific advice from a qualified lawyer. This material should not be replicated without the author’s consent. Ibraheem Dulmeer © 2021