as is addendums/disclosures

What is the name of your state? Minnesota

I purchased a mobile home in August 2002. The disclosure statement said the roof had previously had problems with leaks, but that they were fixed. The first time it rained, big surprise, the roof leaked. Also, within one week of living there, the air conditioner stopped working. We had a repair man come and he said that it stopped because of poor maintenance e.g. the filters had not been changed in years. It was not caused by the age of the air conditioner. The first day we had the furnace on, it did not work for the same reason as the air conditioner. The purchase agreement said all of these things were to be in working condition on date of sale. However, I also signed an "as is" agreement. I saved all of my receipts for repairs and have a written statement from the repairman as well as an estimate for a new air conditioner. Do I have a case?
Thanks for your help!

[HomeGuru]

[quote]Originally posted by Seraph
[b]What is the name of your state? Minnesota

I purchased a mobile home in August 2002. The disclosure statement said the roof had previously had problems with leaks, but that they were fixed. The first time it rained, big surprise, the roof leaked. Also, within one week of living there, the air conditioner stopped working. We had a repair man come and he said that it stopped because of poor maintenance e.g. the filters had not been changed in years. It was not caused by the age of the air conditioner. The first day we had the furnace on, it did not work for the same reason as the air conditioner. The purchase agreement said all of these things were to be in working condition on date of sale. However, I also signed an "as is" agreement. I saved all of my receipts for repairs and have a written statement from the repairman as well as an estimate for a new air conditioner. Do I have a case?
Thanks for your help!

**A: you may have a case over disclosure but since you failed to get a home inspection and check out the appliances at a final walk-through, you have the bulk of the expenses.

not what I wanted to hear, but thanks!
what about the roof if there was no way of knowing that beforehand?

[HomeGuru]

[quote]Originally posted by Seraph
[b]not what I wanted to hear, but thanks!
what about the roof if there was no way of knowing that beforehand?

**A: there possibly was a way of knowing beforehand. You could have hired a home inspector or roofing contractor to inspect the roof and comment on the repair of leaks job. You could have asked for documentation on the repair ie. when was the work done, what was done, what kind of materials were used, did the work conform to roofing industry standards, was the contractor a licensed and qualified roofing contractor or was the repair work completed by the homeowner or handyman, was there a warranty issued etc.?

but if they said "it doesn't leak, we fixed it" and it does leak, isn't that enough? who pays for someone to inspect a $6000 mobile home? (perhaps I should have because according to you it's gonna end up costing me a whole lot more)

In the purchase agreement it says "seller warrants that central air conditioning, heating, plumbing...used and located on said property will be in working order on date of closing" It wasn't working from day 1. Doesn't this mean something? What's the point of a purchase agreement if the "as is" addendum voids it? This is my big question.

[HomeGuru]

[quote]Originally posted by Seraph
[b]but if they said "it doesn't leak, we fixed it" and it does leak, isn't that enough?

**A: no it was not enough since obviously the roof leaked the first time it rained.
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who pays for someone to inspect a $6000 mobile home?

**A: you as the Buyer would or you could have even made your offer contingent on the Seller paying for a home inspection.
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(perhaps I should have because according to you it's gonna end up costing me a whole lot more)

**A: that's right. Paying a couple of hundred dollars for a home inspection would have saved you a lot of grief.
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In the purchase agreement it says "seller warrants that central air conditioning, heating, plumbing...used and located on said property will be in working order on date of closing" It wasn't working from day 1. Doesn't this mean something?

**A: yes, that is why you needed to actually verify working order by testing and running all appliances and fixtures prior to closing.
And then if something did not work, demand that the Seller remedy the problem in accordance with the contract.
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What's the point of a purchase agreement if the "as is" addendum voids it? This is my big question.

**A: the "as is" addendum does not void it. That is my big answer.

I appreciate the sarcasm..that definately helps. But since I am still not convinced I am wrong and should have to pay, I have another question: I was not offered the chance to look through the house. Being a first time buyer I didn't even know that I had the right. I was just looking for a decent place that I could afford being the poor college student that I am. Instead, I signed the papers on the 9th and allowed the previous owner the rest of the day to "clean" which she didn't do anyway..the place was disgusting and I move into it after spending my entire day cleaning my apartment so I could get my deposit back. So, I didn't actually move in until the 10th. I thought I was being nice, but in the end I get screwed? That's it? Well, it's prompted me to go on and get a law degree, if nothing else.

[HomeGuru]

[quote]Originally posted by Seraph
[b]I appreciate the sarcasm..that definately helps. But since I am still not convinced I am wrong and should have to pay, I have another question: I was not offered the chance to look through the house. Being a first time buyer I didn't even know that I had the right.

**A: that is no defense and neither is ignorance. You did not ask for a final inspection and appliance test. You did not complete due diligence. You are a college student with internet access. At anytime prior to your offer to purchase and closing, you could have gone online and researched these issues for free.
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I was just looking for a decent place that I could afford being the poor college student that I am.

**A: that is more of a reason for you to have taken the appropriate steps to insure that your purchase was a sound one by doing the property testing and inspecting. You could have also hired a home inspector. It does not matter if you paid $6000, $600 or $6. If you did not inspect, you would you know if there was anything wrong. What if something major needed repair and the cost was $10000 to fix.
***************
Instead, I signed the papers on the 9th and allowed the previous owner the rest of the day to "clean" which she didn't do anyway..the place was disgusting and I move into it after spending my entire day cleaning my apartment so I could get my deposit back. So, I didn't actually move in until the 10th. I thought I was being nice, but in the end I get screwed? That's it? Well, it's prompted me to go on and get a law degree, if nothing else.

**A: I suggest you get a real estate license first.