Buying a home on a residential mobile home park gives you certain rights and obligations. Please make sure you are aware of these and understand them before you complete a purchase.
Homes for sale may be sold either by Pentland Park or privately, from a current homeowner. There are specific processes which must be followed in order for a sale, and the assignment of rights to station the home on Pentland Park, to be complete.
You should consider using the services of a solicitor and, potentially, a surveyor.
Buying from Pentland Park
When you buy a home from Pentland Park, you will receive the following:
- A Written Statement, (including the Express and the Implied Terms).
- This sets out the rights and obligations of both you and Pentland Park.
- You will receive this 28 days before the sale can be completed, unless you choose to sign a waiver to allow the sale to be completed more quickly.
- The terms of the Written Statement are set out under the Mobile Homes Act (1983) and any subsequent amendments in law.
- A copy of the Park Rules.
- A key to the relevant electricity meter house.
- And, of course, the keys to your new home!
Buying privately from a homeowner
Just as for any other homeowner, owners of park homes have the right to sell their homes on the open market.
A seller must, by law, provide you with the following, at least 28 days before you are committed to the purchase (you can agree to a shorter period in writing):
- A copy of the Written Statement, (including the Express and the Implied Terms).
- This sets out the rights and obligations of both you and Pentland Park.
- The terms of the Written Statement are set out under the Mobile Homes Act (1983) and any subsequent amendments in law.
- A copy of the Park Rules.
- Their forwarding address.
To complete the sale, the following steps must take place:
- The owner assigns their rights, in writing, under the Written Statement to you.
- The agreed purchase price must be paid; 10% of this must be paid to Pentland Park as commission, in accordance with the Mobile Homes Act 1983. NB the correct full sale price of the home must be declared. Under-declaration of the full price (resulting in underpayment of the commission) by either party can be classed as fraud and will result in legal action.
- Important: until the commission has been paid, neither the sale nor the assignment of rights has any effect and you will not be entitled to occupy the home on Pentland Park.
- Therefore, may we suggest that you arrange with the seller to pay them 90% of the purchase price, yourself paying the remaining 10% to Pentland Park. This ensures that you legally own the home and have the right to station it on Pentland Park, and that this can happen as promptly as possible.
- Should you decide to take this approach, the simplest way is to come to the Park Office with the seller, to complete your transaction.
- On presentation of the assignment of rights and the commission payment, Pentland Park will provide you with a Written Statement in your name.
When the sale is complete, the seller should also give you the key to the relevant electricity meter house.
A note on garages
The rental of a garage on Pentland Park is available to residents only, and it is non-transferable. You cannot take on a garage rental from a seller, but rather must apply to the Park if you wish to rent a garage. None of the pitches on the Park has a garage included.