mobile home sold but not removed from site

[lauryloo]

at the end of august 2017 we sold a double mobile home that we had lived in while building our house. It was to be removed from our site asap and the buyer understood this.

the item has been paid for in full but it is still on our land and we really need it away to create some garden space for our 2 young children. They buyer does not respond to calls or texts and gives us various excuses as to why he hasn't collected.

another issue is that it has been unoccupied since may last year and we did warn the buyer on numerous occasions that damp would be an issue if left empty over the winter. Damp inside has definately become an issue over this period.

We don't want to refund and resell as its not in as good condition as it was after sitting up for half a year empty

any ideas on how to proceed?

[des8]

The goods have been sold but not collected so you are in fact an involuntary bailee.
As such you have to take reasonable care of it, and advise the bailor of your intention to dispose of them as he has effectively abandoned it, stating in the notice where the goods are, when and where the sale will take place and your intention to deduct sale and storage costs from the proceeds.
If you do dispose of the goods you have to obtain market value (normally via public auction/ebay) and retain the proceeds for collection by the bailor.

If it fails to sell then tell him it will be disposed off via a scrap merchant (if sold as previously re proceeds, but if you have to pay to dispose of it you will be claiming the cost from him)

The money he has paid for the caravan is yours to keep. That was a separate contract and he has not completed his side of the bargain ie not collected

The relevant legislation is Torts (interference with goods) Act 1977 Section 12 Bailees power of sale https://www.legislation.gov.uk/ukpga/1977/32

[lauryloo]

thanks for the reply

will get something put in writing to him asap - he hasn't responded to the last contact via text message or phone call.

[ostell]

Keep it in writing. Get free proof of postage from a post office.