Rights when selling a mobile home on a campsite
Questioner
In April/May 2014 I bought a chalet/mobile home at the Krieghuusbelten campsite in Raalte. I bought this from a private person, the camping was aware. Additional info: I did not sign a contract or anything like that. I also asked how old the caravan was, they didn't know exactly and couldn't say. Now, more than 3 years later, I want to sell the mobile home/chalet in September 2017 and have already indicated this on Marktplaats with my “for rent” advertisement. People have responded and want to buy the mobile home. Last Saturday, August 5, they viewed the mobile home and are interested. Then they (the viewers) came up with the story that they had also had (tele) contact with the campsite to obtain more information about the campsite and mobile home, the owners then said that the caravan may not be sold at all, it would be too old! We walked to the reception together to ask how this exactly worked, I was completely unaware of this. One man, co-owner?, said that they wanted to view the mobile home first when selling and then they would/wouldn't give permission. Someone else joined, Han, the owner? The people spoke to him on the phone. He said that the caravan was 30-35 years old and that it would have to be removed for a newer mobile home when selling, but that it was also questionable whether those people would be eligible. They had to view that first, he was talking about a list of people they still had... and that they themselves might want the spot. On Wednesday, August 9, they called the people that they could take over the place (they haven't called me yet). It makes sense that they want to give me a much lower price for the mobile home (which has to be removed anyway), but I cannot and will not agree to this and am therefore obliged to keep the mobile home. When I bought the mobile home/chalet, I was not told that it would not be allowed to remain there for much longer or was anything like that indicated, there was also no reference to the conditions of the campsite and I did not sign anything. Now, more than 3 years later, they suddenly come up with this... My question is: Can this be done and is this allowed? Can the campsite forbid me to sell my mobile home/chalet? I believe they should have informed me of this when I bought it. Shouldn't they be able to prove exactly how old this mobile home is? And then another question if the campsite is allowed to do this: - If I say after 3 or 5 years…I’m quitting the spot and therefore no longer paying fixed annual costs, do I then have to make sure that the mobile home is removed or the campsite? I read somewhere on the internet (ANWB) that I have to take care of this myself, because they own the land. I would very much like to hear how and what my rights are.Lawyer
Unfortunately, this often goes wrong in practice because the buyer of a mobile home does not realise that there are in fact 2 agreements. Firstly, you enter into a purchase agreement with the owner of the caravan for the caravan. Secondly, you take over the lease of the land, this does not happen automatically, the owner of the campsite will have to give permission for this, sometimes the old lease continues and sometimes there is a new lease. This is an agreement between the buyer of the caravan and the campsite, the seller of the caravan is not involved. Because you have not signed anything, I assume that the existing lease has been continued. The conditions used by the campsite apply to this lease, you should have obtained information about this yourself from the owner of the campsite at the time. Unfortunately, you cannot rely on ignorance of the rules of the campsite and you are bound by those rules, including the rule that an old caravan must be removed at the expense of the owner of the caravan. It is a misunderstanding that the costs of this are borne by the campsite. If the campsite removes the caravan, the costs of this will be charged to the tenant of the site. Based on the Recron conditions, the owner of the caravan can receive compensation if there is redevelopment of the campsite, in all other cases the costs of removal are for the tenant of the site. I see one bright spot: the campsite must have made these rules known in a clear manner, for example in the general terms and conditions of the rental contract or on the website, and they may not unilaterally change existing rules. If the campsite had not complied with this, it is defensible that you are not bound by these rules, but in practice this will probably not be of much use to you because the owner of the campsite must accept the buyer of your caravan as a tenant; if he does not, you can only sell your caravan to this buyer if he removes the caravan.Questioner
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