1 week in the Gorges du Verdon= 2 campsites to discover the richness of this incredible site
Find out more
Purchase new residential mobile home
The decision to purchase a mobile home is an important decision that should not be taken lightly. The budget needed to buy a new mobile home is located between 25 000 and 65 000 euros, or even more for luxury models. At this price, it'll add the cost of the rental location where the mobile home, and a series of ancillary costs for this installation will be installed.
Marketing networksIf an individual can effectively carry out all the steps to buy a single mobil-home: visit campsites to find a parcel available, visit a dealership to buy a mobile home, to mount a project quickly, it is better to contact providers specializing in the sale of " turnkey ". ».
The mobil-homes are sold according to three marketing channels:
directly by the manufacturer, when he concluded an agreement with the operator of the Campsite. Operator will then handle the marketing of these caravans customers to its site
by a company related to the campground that will offer its customers a complete range of type ' purchase of mobil-home more location lease agreement.
by a dealer who sells directly to individuals.
The majority of manufacturers of mobile homes do not sell their products on-line but pass by specialty distributors or resellers campsites. This is due in large part to the fact that the mobile home can be installed within a campsite or a residential leisure park. As a result, the purchase of a mobile home is closely linked to an installation location.
Common sales techniquesDistributors spend an agreement with several campsites in their region and can therefore offer different choices of slots of campground according to the expectations of their customers. Most often distributors offer the purchase of a mobile home "turnkey, delivered and installed" and which includes the mobile home, delivery, on-site calibration, financing and service. They generally several models on display on websites of their region, attending trade shows, and manage parts service stocks.
The technique of sale practiced by these companies is direct sales to individuals. Must be vigilant and ensure that the regulations governed by this type of sale is well respected by the Distributor, including where the sale takes place at the home.
Some campsites make the choice to manage the sale of mobil-homes to individuals in their field, directly without having to use intermediaries. In this case, install the mobile home on this campsite, to go through the operator and sometimes choose from the brands or models that it recommends.
CouncilManufacturers of mobile homes provide a list of their distributors on their websites. It is advisable to contact the nearest dealer of the future implementation of the mobile home, because Distributor, through its agreements with the operators of camping, is able to offer locations in campsites partners in its geographic region.
the price of sale of the mobile home and its accessories
To calculate the overall budget of a mobile home, will have to integrate with the purchase of mobil-home price the different indirect costs that are related to the rental location and specific taxation applicable to the mobile home.
As a general rule, the mobil-home selling price includes furnishings, transport, calibration, electrical connections and the connection to the water supply network.
For a removable 15-20 m2 terrace, it takes between 2,000 and 3,000 euros and about 500 euros for a garden shed.
Transportation between the factory and the chosen campsiteTransportation of the mobile home may represent their only 15 to 20% of the final price. Indeed, as the mobile home can not circulate on the highway, its transport from the factory until the campsite must be carried out by an exceptional convoy. Therefore, the cost varies depending on the distance to be covered: more manufacturing plant is remote from the place of installation, more the Bill will be high. And some cities do not allow their crossing by day a convoy, the mobile home must sometimes travel through the night, at the higher rate.
On average, the kilometre is currently charged between 4 and 5 euros according to the template of the mobil-home. The price will be more interesting if the latter performs with journey. Indeed, some convoys can, depending on the size of the models, carry two mobile homes at the same time, which allows to reduce costs. The average transport prices range from 1 000 to 4 000 euros.
Establishment of mobil-homeThe "turnkey" price also includes the cost of the installation of the mobile home on its location within the campground. This facility goes through several steps: cranage, timing, and connection to networks.
CranageInstall the mobile home on its location, to move it from the unloading area at the installation location in towing it, using the drawbar with a suitable device either a tractor or a 4 x 4 vehicle, for example. Finally, in cases which remain rather exceptional, a crane may be necessary according to the accessibility and the configuration of the ground (trees, slope, nature of the ground...) knowing that a mobile home weighs 4 to 6 tons. In this case, the cost of installation will be increased in order to integrate this additional manipulation.
The timing of the mobil-homeOnce the mobile home placed on its location, need to stall on 8 to 12 points, depending on its length. Calibration is done on the cinder blocks or blocks of concrete and levelers. Timing is an important step of the installation of the mobile home, which must be carried out with the greatest care. Indeed, an incorrect altimeter may result in deformation of the mobile home and cause a difficult opening of doors and windows.
But who says shim does not say to all secure! According to the French standard AFNOR NF S 56-410 of December 1999, the mobile home must keep its means of mobility. Thus, mobil-home must be placed on unfixed ground shims themselves stabilized by stakes / candles (or any similar means), that can be removed quickly, and so the moved at any time.
The timing will be revised annually after installation, to verify if soil is not compacted under certain timing points. If this is the case, need to put additional calibration points close to the points of wedging in place, but without letting them touch the chassis.
Mobil-home connectionsOnce the mobile home is seated, need to connect it to the network of the sewage disposal and this wastewater on the whole to the sewer system. Then, it is necessary to connect the mobile home on the electricity meter of the location, connect the mobile home on gas cylinders or the buried gas network, when the plot is already made, that is, connection of water, gas and electricity networks have already been installed on the parcel.
According to the French standard AFNOR NF S 56-410 of December 1999, the various connections (including telephone and TV connections) must be carried out in accordance with the regulations or standards in force. Here again, these connections should not lose its character of mobil-home mobility.
Concerning the cost of connections, when the plot is already made, the installation has a cost that can vary from 500 to 2,000 euros.
CouncilIn accordance with the legislation and in particular the ministerial circular of August 9, 1978, domestic hot water appliances should be checked, cleaned and adjusted at least once a year and more often if necessary, depending on the conditions and duration of use. Therefore, the owner of a mobile home must appeal to a licensed professional for the connection of the gas to the power supply system and commissioning. In addition, it must take out a maintenance of the heater with a professional licensed and inspected its facilities once a year.
The taxation of mobil-homeThe choice of the applicable tax regime will be essentially based on the existence or the absence of criteria for mobility of the mobile home. If the mobile home retains its means of mobility, it will be assimilated to a caravan. If he loses his means of mobility, it will be likened to a light House of hobbies (HLL) or construction, and in this case, it will be subject to the tax on buildings.
Property taxProperty tax applies to built structures or similar goods. The concept of 'construction' here is that of a construction attached to the ground, permanency and which has the character of a real building.
If the question of the application of the property tax to the mobile home is not, to date, been decided by justice, a decision of the Council of State (No. 266558 of 28 December 2005), ruled on the case of the light houses of leisure (HLL). In this case, it was housing light leisure asked down on a concrete pad, but some were periodically displaced inside campground. The Council of State considered, nevertheless, that these houses, which are not normally intended to be moved, should be referred to as "constructions".
And as such, were subject to property tax. By analogy, one could consider that a mobile home which would have lost its means of mobility could be considered a slight hobbies home and therefore subject to property tax.
The housing taxResidential tax is due for premises housing (article 1407 of the general tax Code), so by the person who has the home furnished as private (on 1 January of each year) as including "constant lessee. Therefore, in principle, the housing tax doesn't have to be paid by the "seasonal" occupants of dwellings of type «light leisure homes» or cottages, and a fortiori even less by the occupants of mobile homes, within the land developed.
However, the jurisprudence of the Council of State will search, such as property tax, if the mobile home is likely to be moved or not, and in the latter case, he calls it 'construction' and applies the housing tax.
As a result, he concluded that it was due to all of the provisions of the general tax Code relating to property tax and residential tax, that the legislature, by submitting to the housing tax, all furnished premises as dwellings, had not heard included in these trailers, or mobile houses likely to be displaced at any time, regardless of the conditions of their parking and their use.
A departmental response (No. 25406 June 4, 1990) brought some further clarification by considering that the connection has some public networks such as the distribution of water and electricity and the use of a caravan of permanently as their main residence, were not such as to justify the imposition of the housing tax.
Tourist taxIn the absence of a taxation of housing, mobile homes owners can nevertheless be liable of an occupation tax, tax.
Some tourist towns may ask, non-domiciled individuals on its territory, to pay a tax when they reside in a hotel, a vacation rental (furniture of tourism, holiday villages), a bed and breakfast, in a port Marina or campground. The proceeds of the tax is used to spending designed to promote the attraction of the municipality.
The owner of a mobile home will be liable to pay a tax which can be ' real' or 'lump '.
Tax to the realTourist tax "to the real" is collected by the operator from the campsite to the benefit of the municipality. This fee is paid according to the number of persons and nights, according to the schedule that is displayed in the establishment.
Flat-rate tax'Flat' tax is established on the landlords and owners, and sitting on the capacity and the number of overnights included both in the opening of the camping period and the period of perception (article L.2333 - 41 of the Code Général des collectivités territoriales). In which case it is the operator of the land that is subject to tax. This tax is calculated on an average length of stay and on the total capacity (number of persons and beds), minus applicable some rebates (items L.2333 - 42 and 2333-61 of the same code).
Rate of the two taxes - per person, per night of stay (for the real tax), per unit of capacity and per night (for the flat-rate fee) may be less than 0.2 euro, nor exceed 1.5 euro (out-départementale additional fee); It is fixed by the Council in accordance with a schedule established by Decree on the basis of the official classification of the accommodation.
When the tourist tax is not fixed, children d, less than 13 years are free.
In summaryToday the Commons must opt for one or the other two formulas of local tax (real or lump sum). Taken option applies to all of the campsites on their territory. Thus, all the occupants of mobile homes, be they in residential (i.e. recipients of a lease of location) or rental (holidaymakers), may be subject to the actual tax, for example, without that we really know how much time they spend there and how much they are lodged. As regards the residential plots, the situation is unmanageable for campsite operators and at the same time, this deprives the communes of tax revenue.
A proposal of law (text no. 114 tabled in the Senate on November 17, 2011), relative to the light leisure and outdoor accommodation and habitats on various provisions relating to tourism, proposes therefore that, campgrounds, tourist tax may, at the choice of the Mayor, be perceived so modulated according to the effective practice of campers: reality for the rental and flat manner for residential.
In order to allow the calculation of flat-rate tax, the operator of camping will be required, each year, report to the Mayor of his municipality to implement the number and type locations leased to calculate tax. Camping operator will then passed this tax to the owner of mobile home.
Planning feesCaravans and mobile homes are in principle not subject to urban planning taxes, unless they lose their means of mobility or if, having preserved the addition of elements of sedentarization prevents their displacement in a time limited by simple traction. They are then considered as subject constructions allowed to construct or statement of work and subject to taxes of urbanism.
Housing allowanceThe mobile home is intended for "temporary or seasonal use of leisure occupation. Therefore, it may seem surprising to consider the possibility of benefiting or not housing allowance for occupancy of mobil-home. However, in reality this case may arise because campsites near college towns can sometimes serve as «dormitories» outside high season. In this case, it is not uncommon that the student makes a request to the Fund of family allowances in respect of the housing allowance.
The housing allowance is paid in respect of the principal residence. For the criteria for the payment of housing allowance, is considered a principal residence is occupied permanently shelter and housing is a use of residence or non-construction which has been the subject of a building permit.
ExampleA judgment of the social Chamber of the Cour de cassation (appeal n ° 85-14266 of 8 March 1989) was judged as a caravan, on wedges, which was installed permanently on the grounds of the owners, given its loss of any means of mobility and because of its fixity, could not more be regarded as a caravanwithin the meaning of the Code of urbanism, but as a light House. Therefore, owners who lived so "construction" could benefit from the subsidy. As such, the Court recalled that the essential purpose of the housing allowance was to help the families to lodge in satisfactory conditions.
Conditions to receive the housing allowanceThus, an application for housing assistance for a recipient whose main residence is in a mobile home or a leisure light housing located on a plot of camping pour¬rait be granted subject however that:
all the other conditions laid down by the legislation are fulfilled, in particular stand and the 'housing' decency standards (under the Decree n ° 2002-130 of 30 January 2002);
and that the applicant for the housing assistance supports an expense of housing or for the rental, either in respect of the acquisition of the mobile home.
If the housing burden borne by the applicant is the only rental of the location, the right to housing assistance can not be opened, this expenditure is not considered an expense directly related to housing.
But if the burden of housing includes both mobil-home rental or the refund of the monthly payment of a loan for the accession of mobil-home and the rental of the location, all of the costs incurred by the applicant is taken into account in assessing the amount of the housing assistance.
The licence feeOnce they are taxable to the housing tax in respect of furnished premises for habitation, natural persons are subject to the rebates provided for by law, liable to pay the licence fee. Mobil-home which retains its means of mobility are not subject to the housing tax, will therefore not subject to the licence fee.
Regulation of the purchaseThe purchase of a mobile home, like any other commodity, is subject to the protective provisions of the Code of consumption. A Bill also envisages strengthening the mobil-home seller disclosure obligations.
The conditions of saleThe consumer Code (article L.111 - 1) provides that every professional seller of goods must, before the conclusion of the contract, put the consumer in a position to know the essential features of the property. This information involves disclosure to the purchaser of the General conditions of sale.
In the sale of mobile home the essential points that should be included in the General conditions of sale are:
the designation of mobil-home (its brand, its type and optionally its vintage) as well as the accessories included in the sale;
the price and the items included or excluded from this price (transport costs, installation, connection, etc.);
terms of payment, particularly if the sale is to be achieved through a consumer credit;
the particulars which must be given according to the technique of sale (at home, selling credit, etc.).
The acquisition of mobil-home is linked to its installation on a campsite or Park residential leisure, a proposed law (text no. 114 tabled in the Senate on November 17, 2011), light leisure habitats and outdoor accommodation and containing various provisions relating to tourism, offers of new disclosure requirements with respect to the location of the mobile home.
DoorstepIn the sale of mobile home, it may happen that the sale is completed by doorstep. This will particularly be the case when a person is contacted by a commercial offering to meet him at his home suite, for example, a contact on a fair or in the context of an appointment following the sending of a coupon cut from a magazine. However, sales of mobile homes performed on shows and lounges are not within the scope of regulation of the doorstep-selling.
The law considers that the doorstep-selling can put the consumer in a position of inferiority compared to the seller and lead him to a command that he could possibly regret-ter. As abuses are common this practice is well framed by the law that protects the consumer by three essential provisions:
by requiring the seller the mandatory delivery of a contract in writing at the time of the conclusion of the sale;
giving to the customer a 7 day cooling off period before concluding the sale;
by prohibiting the seller to charge a financial contribution within the 7 day cooling-off period.
Mandatory particulars of the contractThe contract for the sale of the mobile home, which must be delivered to the client canvassed at home must necessarily include the following particulars laid down in the Code of the consumption (article L.121 - 23):
the names of the supplier and the direct seller;
the address of the supplier;
the address of the place of conclusion of the contract (which corresponds to the customer's home address);
the precise description of nature and the characteristics of the mobile home and its accessories;
the conditions of performance of the contract, including the terms and the time limit for delivery of the mobile home and its accessories;
the global price and payment terms. If the sale takes place at credit, should indicate the forms required by the regulation on the sale on credit, as well as the nominal interest rate and the percentage rate of interest.
These latest references are required, even if the credit is granted to the customer by a different organization that sells mobile home because it accessory offers for sale at the doorstep.
Waiver of purchaseThe sales contract should include a detachable form intended to facilitate the exercise of the Faculty of waiver and should reproduce the full text of articles L.121 - 23, L.121 - 24, L.121 - 25 and L.121 - 26 of the Code of consumption. The form of withdrawal must also include compulsory particulars provided for in the Code of the consumption (articles R.121 - 4-R.121 - 6), namely:
on one side, the complete and exact address to which it should be sent.
on his other side, the successive particulars below in very legible characters:
in mind, the words "Order cancellation" (in large print), followed by the reference "Code of consumption, blogs L.121 - 23 to L.121 - 26 ';
then, under the heading "Conditions", the sui¬vantes instructions, set out in separate lines:
"Complete and sign this form.
'Send it by registered letter with acknowledgement of receipt' (these last words should be underlined in the form or appear in bold).
"Use the address listed on the back."
"Ship it to no later than the seventh day from the day of the order or, if that period expires on a Saturday, a Sunday or a public holiday or non-working, day the first following working day ' (underlined or in bold in the form);
And after spacing, the sentence:
-' I undersigned, declare cancel the following command»
followed by following indications, at the rate of one per line:
-"Nature of the property or services ordered...". ». -"Date of the order...". ».
-Name the client... ". ».
-Address of the client... ". ».
Finally, enough evidence, the words:
-' Signature of the customer... ". ».
The seller may not indicate on the form that the information provided, as well as accounting references.
If only one of these references does not appear on the contract of sale of the mobile home, the consumer may apply to the Court the nullity of the sale at the home.
All copies of the contract must be signed and dated by hand of the customer. Be very careful on the date that appears on the order form as if lack of vigilance, the client signs a document already dated, no date, or let alone anti¬date, it may lose its ability to cancel within 7 days provided for in the Code of the consumption.
Withdrawal deadlinesThese are the various time limits that will help the client, who changed his mind, to cancel its order of mobil-home.
In the case of doorstepThe client has the right to abandon his purchase within a period of seven days from its command (refer to the date appearing on the contract) by sending the withdrawal slip completed by registered letter with acknowledgement of receipt to the seller. No justification is necessary. Note that for seven days counting the day of the signing of the contract does not count. On the other hand, if the seven day period ends on a Saturday, a Sunday or a holiday, it is extended until the first following working day.
In case of dispute on the counting of seven days, it is the date of mailing indicated by the postal service which is authentic. Therefore, keep notice of shipment delivered which will constitute evidence of the withdrawal within the time limits.
Any infringement of the provisions of these articles may be punished by a term of imprisonment of one year and a fine of 3,750 euros or one of those penalties only (article L.121 - 28 of the Code of consumption).
Credit purchaseIf the mobile home buyer wishes to finance its acquisition by credit, banks or credit agencies offer depreciable classical credits 5 to 12 years, to durations long enough and similar to what is done of motorhomes on the market. The average price of a new mobile home in 2010 ranged from 33 to 37 000 euros, the average price of opportunity around 12,500 euros. The rate of use of the loan to finance these purchases amounted to 80% for individuals with an average amount of funding to EUR 25 000, most often by depreciable classic credit on 60 to 144 months.
If the seller of the mobile home, which provides financing to credit, it shall be deemed to act as intermediary credit and as such, it must meet a number of obligations usually borne by the lender.
The credit agreement which is proposed at the same time that the contract of sale of mobile home is described as "assigned credit". The affected credit agreement is defined in article L.311 - 1, 9Ddu Code of consumption as being 'the credit used exclusive - ment to finance a contract relating to the supply of specific goods or the provision of specific services; These two contracts constitute a single commercial operation. " Indeed, the two contracts, sale of mobile home and credit, are interdependent.
The general scheme of the consumer credit is applicable to transactions between 200 and 75 000 euros of the total amount of credit (article L.311 - 3-2 ° of the French consumer Code), and which is intended to finance the purchase of non-listed personal property.
Pre-contractual obligations of the seller as an intermediary
Obligation to provide informationWhenever payment from mobil-home is planned, in whole or part, using a credit, the sales contract shall specify, regardless of the identity of the lender (section L.311 - 34 of the Code of consumption). No commitment may reasonably be incurred by the purchaser towards the seller as long as it did not accept the credit agreement. When this condition is not met, the seller may not receive any payment, under form quel¬que, or no deposit.
Article L.311 - 6 of the consumer Code provides that prior to the conclusion of the credit agreement, the lender or intermediary gives the borrower, if applicable, at the place of sale, information needed to compare different offers. They allow the borrower, taking into account his preferences, clearly understand the extent of his involvement. The detail of this information is provided for in article R.311 - 3 of the Code of consumption.
It is said that when the lender offers or requires insurance, the borrower must be informed of the standard cost of the insurance with an example figured in euros and per month.
Information on the solvencyAccording to article L.311 - 9 of the Code of consumption, before concluding the credit agreement, the lender checks the creditworthiness of the borrower from a sufficient number of information, including those provided by the latter at the request of the lender.
When credit transactions are concluded on the place of sale or using a technique of remote communication, a separate information sheet of the specifications referred to in the L.311 - 6 of the Code of consumption is provided by the lender or the borrower credit intermediary.
This form in writing or other durable medium, includes elements relating to resources and loads of the borrower as well as, where appropriate, to loans outstanding contracted by the latter. The card is signed or its contents confirmed electronically by the borrower and contributes to the evaluation of its solvency by the lender. The information contained on the card must be the subject of a declaration on their honour, their accuracy. If the amount of the credit exceeds a threshold defined by Decree (3,000 euros), the plug must be corroborated by the following supporting documents
proof of residence of the borrower;
proof of income of the borrower;
proof of identity of the borrower.
WarningThe creditor or credit intermediary must provide to a borrower explanations to determine if the proposed credit agreement is adapted to his needs and his financial situation, especially from the information contained in the fiche referred to in article L.311 - 6 of the Code of consumption
Writing and maintenance of the offerOffer of credit agreement is established in writing or on another durable medium. It is delivered in as many copies as the number of parties and where appropriate, to each of the guarantors. The delivery or sending of the offer of credit to the borrower agreement requires the lender to maintain conditions for a minimum period of 15 days from the delivery or consignment.
The rights of the borrower
Withdrawal deadlinesThe borrower may withdraw without cause within a period of 14 calendar days gone from the day of acceptance of the offer of credit agreement. The exercise of the right of withdrawal is facilitated by a detachable form attached to his copy of the credit agreement. In the event of exercise of the right of withdrawal, the borrower is more required by the contract of sale of mobile home, accessory to the credit agreement.
Similarly, when the consumer exercises his right of withdrawal from the contract of sale of the mobile home, the credit agreement intended to ensure funding is terminated ipso jure without any fees or compensation, with the exception possibly of costs incurred for the opening of the credit (article L.311-38 of the Code of consumption).
Withdrawal slipReturned not later than fourteen days after the date of your acceptance of the credit agreement.
When the credit is used exclusively to finance the supply of specific goods or the provision of specific services, the credit agreement mentions, and that you have opted, by written request, signed and dated, for delivery or immediate supply of the property or the provision of services, this cooling-off period expires on the date on which the property is delivered or service providedwithout being able to exceed 14 days, or be less than three days, except in case of sale or doorstep: in this case, the withdrawal period is 14 days, regardless of the date of delivery of the property.
The time limit begins to run from the day of your acceptance of the offer of credit agreement.
This withdrawal is valid only if it is addressed, legibly and perfectly filled, before the expiry of the time limits mentioned above, by registered letter with acknowledgment of receipt (1), (identity and address of the lender).
I undersigned (*), declares to waive
the supply of credit of (*) EUR I
accepted (*) for the acquisition of (*) (2)
(specify the property bought or service)
supplied) at (*) (2) (seller or provider
of service, name and city).
Date and signature of the borrower (and the co-borrower, if applicable).
(*) Reference to the hand of the borrower.
(2) if credit is used exclusively to finance the supply of specific goods or the provision of specific services, mentioned by the credit agreement.
Payment deadlinesFor a period of 7 days from acceptance of the agreement by the borrower, no payment, in any form whatsoever and for any reason whatsoever, may be done by the lender to the borrower or on behalf of, or by the borrower to the lender. During this same period, the borrower shall not do so, in respect of the transaction in question, no deposit for the benefit of the lender or on behalf of it. If a levy on a bank account authorization is signed by the borrower, its validity and its coming into effect are subordinate to those of the credit agreement.
SanctionsThe intermediary who fails to comply with the formalities of information and provide a detachable form of withdrawal in the offer of credit contract, is liable to a fine of 1,500 euros (article L.311 - 49 of the Code of consumption).
On the other hand, is liable to a fine of 30,000 euros the lender or the seller who seeks or receives of the borrower or buyer's payment in any form whatsoever as long as the contract for the operation of credit is not definitively concluded or until the time of 7 days from acceptance of the agreement by the borrower has not expired (article L.311 - 50 of the Code of consumption).
On the spotContrary to what one might imagine, there are unfortunately no cooling-off period for purchases of mobile homes in fairs and salons or on a camping site. Indeed, by establishing such a delay allowing the buyer to abandon a purchase a little too hasty, the legislature intended to protect it only when it is in a weak position, i.e. when canvassed in a place not intended for sale (at his home or at his place of work, for example). However, in the case of sale on a fair or on the campsite, estimated that it is the consumer who came seeking professional and not vice versa.
However, if the order has been made by paying a deposit, there is a possibility of contractual withdrawal but that suppose to surrender the deposit paid. Apart from this possibility, it is not possible for the customer to cancel the purchase, except possibly to prove that the delivered Mobilehome does not match that which was commissioned.
The paymentIn the case of doorstep, no payment shall be made before the expiry of the period of 7 days retractation. Is therefore prohibited, any payment as an advance payment or deposit, cash, etc payment be made in cash or by cheque.
Do not return to the seller at the time of the signature of contract, post-dated check or direct debit authorisation.
CouncilBe careful in case of doorstep and know that any infringement of the provisions relating to the particulars of the contract, the withdrawal form, at the Faculty of withdrawal and the prohibition of any payment is liable to imprisonment for one year or a fine of 3,750 euros (articles L.121¬28, al. 1 of the consumer Code).
Payments or depositAt the end of the period of withdrawal, in the case of doorstep, or at the time of the command if the sale is made on a fair or on the campsite, the seller may request the payment of a sum of money to reserve the mobile home.
This amount will be classified in the order 'to deposit', either ' deposit '. The difference of qualification of the amount paid is not neutral. If this sum is a deposit, it is a part of the purchase price of the mobile home. As soon as the payment of this sum, the sale is final. Neither the seller nor the buyer may cancel the sale and if the purchaser decides to cancel his purchase, vendor will be able to request damages and interest which may correspond to the selling price of the mobile home. In this case, to get out of the sale it will remain only one solution which is to reach an agreement with the seller.
If the amount paid is described as a deposit, as well the customer and vendor, will be able to change your mind and cancel the sale. The civil Code (art. 1589) provides in this case, that if it is the client who wishes to cancel the sale, it can do so but it will lose the deposit. And if it is the vendor who wants to cancel the sale he may also do so, but he must pay double the deposit paid by the customer.
Delivery timesDelivery of a mobile home ranged from 1 to 6 months. These delays are linked both to the manufacturing lead times and also the possibilities of installation of the mobile home on the proposed site. Some manufacturers produce until March announced and then produce more. If the ordered mobile home is no longer in stock, it will take the next vintage. Moreover, camping operators, taking into account the operations to perform the installation of the mobile home on the site, prefer to wait for the low season, or even the closure of the site.
The consumer Code (article R.114 - 1) provides that the delivery time must be fixed when the planned purchase is at a price higher than 500 euros.
In this case, the mobil-home seller must indicate on the order form or in the contract of sale, the deadline which it undertakes to deliver the mobile home. In case of exceeding of the delivery date exceeding 7 days and provided that the delay is not due to a case of force majeure, the buyer has the possibility to denounce the contract by registered letter with request for acknowledgement of receipt (article L.114 - 1 of the consumer Code). The contract is considered to be broken upon receipt by the seller of the letter by which the buyer informed him of its decision. This right may be exercised by the buyer for 60 days from the date specified for delivery. All monies paid to the order must be returned.
CouncilPay attention to the specified delivery date. Some sellers who do not wish to embark on a firm delivery date, mark, in their contracts, clauses such as 'delivery as soon as possible', ' delivery following manufacturing ', 'delivery without time guarantee ". All of these edits can be considered as being unfair and may give rise to the cancellation of the sale.
The guarantees after saleThe guarantees owed by the seller of the mobile home nine result, either Act, or the contract of sale. The buyer can benefit from the part of the seller of three different guarantees:
a legal guarantee of conformity of the goods with the contract;
a legal guarantee of the latent;
a guarantee contract (commercial or Convention fact).
Legal guarantee of conformityThis warranty is provided by the consumer Code (articles L.211 - 1 to L.212 - 14). According to these articles, the seller must deliver a mobile home complies with the purchase order / sales contract and it will be responsible for the non-conformities existing at delivery. If the seller has the responsibility to mount and install the mobile home on its location, it may also be liable for the defects of conformity resulting from this installation.
Are considered as conformity defects which appear within a period of six months from delivery, unless evidence to the contrary, presumed to exist at the time of delivery.
In the event of lack of conformityThe buyer can choose between financial reparation or replacement of the mobile home. However, the vendor may decide not to proceed according to the choice of the purchaser if this choice entails a cost clearly disproportionate with regard to the other modality, taking into account, for example, the value of the asset or the magnitude of the failure. In this case it is then required, unless this is impossible, according to the modality not chosen by the buyer. If the repair and replacement of the mobile home are impossible, the buyer can make it and render the price or keep it and make a part of the price.
The same possibility is open:
If the requested solution, repair or replacement, may be implemented within a period of one month from its claim;
or if this solution cannot be without major inconvenience for it given the nature of the property and the use that it search.
However the cancellation of the sale can be obtained if the lack of conformity is minor.
The application of these various provisions held without cost to the purchaser. These same provisions shall not preclude a request for damages, if for example the begotten inconvenience had detrimental consequences for the buyer (cancellation of vacation, unable to rent mobil-home as a vacation rental, etc.).
Legal warranty against hidden defectsThis warranty is provided by the civil Code (articles 1641 to 1649) and the purchaser right to this warranty even if there's no written contract. According to these articles, the seller must guarantee the purchaser of mobil-home of hidden defects which would be such as to make it unfit for the use for which it is intended, or which so impair that use, that the buyer have not acquired it, or have not paid the price asked, if he had known. The defect must be prior to sale and are excluded from this guarantee the aesthetic defects or comfort.
The warranty covers all costs of the hidden defects. A total of the purchase price or partial refund can be obtained, or even the avoidance of the contract. Note, however, that the action in warranty for hidden defects shall be commenced as soon as possible and the maximum within a period of 2 years after their discovery.
Manufacturer's warrantyThe nine mobile home also benefits from a guarantee "Builder." It can vary from one manufacturer to another, but it will be on average a duration of one year for the Interior and the structure for two to three years. Detailed rules for the application of this guarantee are specified in the General conditions of sale which appear either on the contract, purchase order or invoice.
CouncilWhen a problem occurs, it must be play the contractual warranty, if it applies. In the contrary case, to play the legal warranty applicable without delay.
- Description mobile home residential
- Purchase mobile home residential used
- Dilapidation mobile home
- Mobile home installation and legislation
- Choosing the place of installation of residential mobile home
- Description of the contract site
- The protection of the tenant location
- Conditions in rental mobile home residential
- Obligations in case of subletting of residential mobile home
- Video of residential mobile home