Lease with Option Down Pmt

[ej1andme2]

What is the name of your state? Maryland

May 2007 I signed a lease with option to purchase agreement on a mobile home. The whole reason I didn't just buy the house outright is because the park was closing (September 1, 2007) and only the owner at the time of notice of park closure would be eligible for the relocation costs. I was clear that I wouldn't have even looked at the home if it were staying in the current location because of poor upkeep, etc. but never wrote that in the agreements. The agreements do talk about my option period being 45 days after the move and there is a bunch of stuff that talks about me not being able to tell the park owners that I am renting there and things like that. Anyway, I put $10K down (the agreement says it is non-refundable) and the park did close on 9/1/07 with the exception of 1 block of houses because there wasn't enough room at the replacement park for all the homes. I am in that 1 block. We have heard 3rd hand that we will be able to remain here for up to 3 years but have never received anything in writing from the park owners. There are no other mobile home parks in this county that will allow you to move a home in because they want you to purchase one from them. The county has told me that there are no plans to zone another mobile home park.

Can I get my $10K back without having to fight in court?

[efflandt]

What were you expecting to end up with after the move when you closed on it, a run down mobile home in a new location? Are you paying monthly rent for the mobile home (other than lot rent), or does the $10,000 cover it until the sale.?

Some mobile home parks do not even allow existing homes to remain in a park when sold if they are too old. I know someone in that situation, although, they have lived there for many years. When they move out, the home has to be moved out or junked.

[ej1andme2]

Originally Posted by efflandt

What were you expecting to end up with after the move when you closed on it, a run down mobile home in a new location? Are you paying monthly rent for the mobile home (other than lot rent), or does the $10,000 cover it until the sale.?

Some mobile home parks do not even allow existing homes to remain in a park when sold if they are too old. I know someone in that situation, although, they have lived there for many years. When they move out, the home has to be moved out or junked.

The home is not run down and is only 9 years old. It is a 4 bdrm, 2 bath with fireplace in LR. Looks great with some minor stuff needed to it like interior paint, better carpeting, newer fridge. I pay monthly rent in addition to lot rent. The rent covers the owners interest pmt on his loan. The $10K was to go toward the purchase price ($40K - $10K deposit= $30K due upon purchase which shall be @ 45 days after home is moved to new park).

The block of homes that is remaining in the "closed" park is the newer end of the park that does not have old, beat up houses on it. My problem is that since we have no official word as to when or where the remaining homes are moving, I want to get out of the lease to purchase agreement and get my money back. My question is whether or not I have a leg to stand on in asking for the deposit back and if the seller is obligated to refund the money since the home is remaining in the current park, which I stated I never would have looked at the home if it were remaining here.