Latest insights from our experts

Jill Headford

Posted 5 April 2013
by Jill Headford

Holiday lodge mis-selling

Holiday park owners tend to assume that if their documents clearly state that a lodge is a holiday home and cannot be used as a residential park home, that is enough to avoid a mis-selling claim.  They are wrong.  If misleading statements are made to potential buyers which induce them to sign up then that may be misrepresentation even if the order form, sale confirmation, site licence etc all spell out the holiday restriction and say the lodge must not be used as the owner’s only or main residence.The courts tend to view park owners as seasoned businessmen and women who are well aware of their opportunities and caravan or lodge owners as vulnerable, often elderly people, who tend to be far less worldly wise.  As a consequence, a buyer’s claim that he didn’t read the documents, or read them but didn’t understand them and relied totally on what the park owner said, may well be accepted.

So where does this leave the holiday park owner?  Well, it is vitally important to review very carefully how you advertise holiday caravans and what is said by your sales staff.  This is a field where mistakes can cost dear.

If you have concerns about potential mis-selling claims or want advice on how to review your paperwork or to train your sales staff then please call our specialist parks team on 01392 207020 or email parks@tozers.co.uk

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About the author

Jill Headford

Jill Headford

Partner

A partner in the firm since 1994 and an experienced Court and Tribunal advocate, Jill specialises in resolving disputes and is a member of the Property Litigation Association