Legal advice for mobile home problems

Questioner

Hello. We bought a mobile home from people who had to move the mobile home from the spot. We wanted to have it picked up on October 1st. The caravan has already been paid for and is therefore ours, but now the campsite manager is holding it until the previous owner pays the transfer costs, although he only sent the invoice the day before yesterday. Now I have had a phone call from the transport company that he will not be getting it from the manager tomorrow, while we have already arranged everything. Is this allowed, is he allowed to hold on to my property while I do not owe him anything?

Lawyer

Is the park owner late in sending the invoice and if so, did he know what date you would pick up the caravan? Are you suffering damage because you had to cancel? What other direct consequences are there for you? You could consider urging the seller to pay the transfer costs, with an urgent payment, but I understand that you have already cancelled everything? Incidentally, what the park owner is doing is exercising a right of retention (suspension) that may also apply to creditors of his counterparty (you).

Questioner

The park owner had known for some time that we had arranged the transport company. We asked him more than three weeks ago when it would be possible to transport the caravan. He only sent the invoice to the previous owner the day before yesterday, even though he knew that the caravan would be collected tomorrow, October 1. Is he still within his rights? We haven't cancelled anything

Lawyer

Then he should have known that the payment and the moving of the caravan would certainly cross each other. He then gives up his right to retention, but in theory.