SWANAGE BAY VIEW (DARWIN) CARAVAN PARK PRIVATE SALE AGREEMENT The terms and conditions set out below and overleaf are the terms upon which you, the Caravan Owner, agree to (1) Offer to sell your caravan to Swanage Bay View Caravan Park or (2) appoint Swanage Bay View to act as your agent to process the sales transaction or to assist you to sell your Caravan to a suitable purchaser. CARAVAN OWNER(S) Name Address. Tel No’s CARAVAN DETAILS Make/Model: Serial No Year No Bedrooms Pitch No FINANCE DETAILS Finance Co Date of Hire Purchase Agreement Outstanding balance as at £ Amount originally borrowed £ Details of items (other than personal contents) to be excluded from the sale: Agreed Market Price £ Commission / charge rate* 15% 10% £500 £ Vat at the current rate £ Total price listed as the sales price £ Price to include / not include site fees already paid *Commission / Charge rates. 15% When the company acts as complete agent. 10% When the buyer is listed on one of the companies data bases. £500 When the buyer is not listed on any company data base. All the above fees include a gas safety certificate, electrical tests and an HPI check on the caravan . THIS IS A LEGAL BINDING AGREEMENT WHICH YOU SHOULD ENSURE YOU READ BEFORE SIGNING. FOR TERMS AND CONDITIONS RELATING TO THE SALE OF YOUR CARAVAN, SEE OVERLEAF. Signed by the Caravan Owner(s): ……………………………. ……………………………………………… Date: …………………………………. Signed by the General Manager or his/her nominee for and on behalf of Swanage bay View Caravan Park ………………………………………………….. Date: ………………………………………………………. TERMS AND CONDITIONS FOR THE SALE OF YOUR CARAVAN 1. Definitions 1.1 “Caravan” means the caravan detailed overleaf. 1.2 “Customer Leaving Site Form”, means the form which records your departure from the Park and which is available from the sales office. 1.3 “Family Member” means your spouse, parent, grandparent, partner with whom you have been co-habiting at the same address for a continuous period of six months or more, child, grandchild, brother or sister including the spouse of any of those persons and treating the stepchild of any person or his or her child. 1.3 “Finance Company” means the Finance Company (if any) named overleaf with which you have entered into a hire purchase/conditional sale agreement to purchase your Caravan (“Hire Purchase Agreement”). 1.5 “Agreed Market Price ” means the price stated overleaf as agreed between you and the Park General Manager on our behalf, or, if you authorize us to sell at a lower price pursuant to clause 3.4, then it means such lower price. 1.6 “Park” means the caravan park named overleaf. 1.7 “Site fees” means our account of amounts due or payable to us at the time you leave the Park in respect of the siting of your Caravan on our Park to include by way of example only, site fees, insurance premiums, gas and electricity charges, rates, repair and maintenance charges and disconnection charges. 1.8 “Sale Price” means the price at which the Caravan is actually sold. 1.9 “we” or “our” or “us” means Swanage Bay View Caravan Park. 1.10 “you” or “your” means the Caravan Owner(s) who wish to sell the Caravan as detailed overleaf. 1.11 “Code of Practice” means the Code of Practice produced by the National Caravan Council Limited and British Holiday & Home Parks Association Limited, a copy of which is provided to all Caravan Owners or is available from the sales office. 2. Sale to Swanage Bay View Caravan Park 2.1 By signing this Agreement you offer to sell your Caravan to us at the Agreed Market Price . We will notify you in writing within two working days from the date of receipt of this Agreement whether we wish to accept or decline your offer. If we fail to so notify you we will be deemed to have declined your offer. 2.2 If we do not accept your offer we will assist you to find a suitable purchaser (who intends to continue to site the Caravan on the Park) for your Caravan in accordance with the provision of clause 3 below. Whilst we will assist you, you should still take any additional steps which you believe are necessary (such as advertising the Caravan) to find a suitable purchaser for your Caravan. 3. Our Appointment as Agent 3.1 This clause 3 only applies when we have declined our offer in accordance with clause 2.1. 3.2 By signing this Agreement you appoint us as your agent to assist you in selling your Caravan to a suitable purchaser who intends to continue to site the Caravan on the Park. 3.3. You acknowledge and accept that, in line with the Code of Practice, we will charge commission to any purchaser of the Caravan (other than ourselves and Family Members) at the rate of up to15% (as shown overleaf) on the Sale Price together with VAT on such commission. The Park Owner reserves the right to charge a nominal administration fee when the Caravan is transferred to a Family Member, as set out in the Site Charges List, a copy of which is provided to every Caravan Owner and is available at the sales office. 3.4 We shall have the right to enter your Caravan for the purpose of promoting its sale upon prior reasonable notice and at reasonable times of the day. 3.5 We are authorized to conclude the sale of your Caravan at the Offer Price stated overleaf and to receive payments form the purchaser without reference back to you. We will not sell your Caravan to a purchaser at a price which is lower than such Agreed Market Price unless we are authorized by you in writing to do so. We shall notify you as soon as possible of any lower offers we receive from prospective purchasers. We cannot guarantee that we will be able to find a suitable purchaser at the Offer Price although we shall use all reasonable endeavours to do so. 3.6 You agree that you will not sell your Caravan to a purchaser at a price which is lower than the Agreed Market Price stated overleaf without first re- offering in writing to sell the Caravan to us at the lower price except where you are selling to a Family Member. We shall have two working days from the date of receiving the offer to notify you whether we wish to accept your revised offer and purchase your Caravan from you. If we fail to so notify you we will be deemed to have declined your offer. 3.7 We reserve the right not to conclude a sale of the Caravan to a prospective purchaser if in our reasonable opinion this would be detrimental to the interests of the Park and/or other caravan owners on the Park. 4. Sale of Your Caravan and Payment 4.1 Your Caravan will be sold, whether to us or another purchaser, in its present condition, as at the date of this agreement, free from any charge or rights of third parties to hold as security or other third party claims and the same will include all items connected to or forming part of the Caravan except for personal possessions and those items specifically excluded form the sale as listed overeleaf. 4.2 The purchaser will be responsible for all charges which relate to the siting of the Caravan on the Park and the use of Park facilities and services and which are validly chargeable, due and owing for the period following the date on which the Caravan is sold to the purchaser. 4.3 Upon completion of the sale of your Caravan to whomever it is sold (including ourselves) we will: 4.3.1 deduct from the Sale Price (i) any undisputed amounts due to us as shown on our site fee Ledger, and (ii) any amounts which we are notified are due to the Finance Company under the Hire Purchase Agreement as at the date of the settlement of the Hire Purchase Agreement and we will pay the amount of the deductions in this respect to the Finance Company. Please note that the amount to be paid to the Finance Company as at the date of settlement of the Hire Purchase Agreement may be more or less than the outstanding balance specified overleaf. We will notify you of any such changes within 10 days of receiving your completed Customer Leaving Site Form. 4.3.2 require you to sign a Customer Leaving Site Form: and 4.3.3 forward the balance due to you, as shown on the Customer Leaving Site Form, as soon as reasonably practicable and in any event within 21 days of our receipt of your signed Customer Leaving Site Form. 5. Termination This Agreement will continue until terminated by you upon 7 days prior written notice to us stating that you no longer wish to sell your Caravan provided that no sale has been agreed with us or with a suitable third party purchaser. Any provisions which are expressed to have effect after termination will continue to be binding notwithstanding termination. 6. General This Agreement shall be governed by the law of England and Wales for all parks situated in England and Wales.
Pages to are hidden for
"The Code of Practice"Please download to view full document