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delivery on new modular

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K

kmarier

Guest
What is the name of your state? NY

We purchased a new modular home in August, and the contract states no exact delivery. The seller informed us at the time of signing that the delivery date was 10 to 12 wks. We were told to hurry and get our basement done- which we did. The seller infomed us (not in writing but by telling us) that the house would be here the 3rd wk of November. When we got our loan, the loan processor called the seller, and asked them how long the home would take, so she could figure a construction time. The seller told her, we would be able to be in the home by the middle of January. Well, needless to say we received a call from the seller, stating the factory was backlogged and our home would not be off-line and ready for delivery until the end of January. I was able to get an extention on the construction loan at a cost to us out of pocket, so we wouldn't lose the loan. My question is, do we have a leg to stand on, against the company and/or seller for the extra costs and if anything happens to our basement (we live in a snowbelt, and the basement is likely to crack/collapse from the ice/water, etc.)? We would have waited to build the basment (and had it winterized), if we had known about the delay, and the bank could have given us a longer construction loan. There is also the fact of rising costs on the estimates we received for electric, plumbing, septic, etc. Although I don't think the seller knew the delay, I'm certain the factory salesman did, as when I spoke with him he mentioned August as when they realized the backlog they had; yet we were not informed until Oct.31st. We began our basement at the end of September. Any help would be greatly appreciated.
 


HomeGuru

Senior Member
kmarier said:
What is the name of your state? NY

We purchased a new modular home in August, and the contract states no exact delivery. The seller informed us at the time of signing that the delivery date was 10 to 12 wks. We were told to hurry and get our basement done- which we did. The seller infomed us (not in writing but by telling us) that the house would be here the 3rd wk of November. When we got our loan, the loan processor called the seller, and asked them how long the home would take, so she could figure a construction time. The seller told her, we would be able to be in the home by the middle of January. Well, needless to say we received a call from the seller, stating the factory was backlogged and our home would not be off-line and ready for delivery until the end of January. I was able to get an extention on the construction loan at a cost to us out of pocket, so we wouldn't lose the loan. My question is, do we have a leg to stand on, against the company and/or seller for the extra costs and if anything happens to our basement (we live in a snowbelt, and the basement is likely to crack/collapse from the ice/water, etc.)? We would have waited to build the basment (and had it winterized), if we had known about the delay, and the bank could have given us a longer construction loan. There is also the fact of rising costs on the estimates we received for electric, plumbing, septic, etc. Although I don't think the seller knew the delay, I'm certain the factory salesman did, as when I spoke with him he mentioned August as when they realized the backlog they had; yet we were not informed until Oct.31st. We began our basement at the end of September. Any help would be greatly appreciated.
**A: from your post, since you do not have anything in writing, I see no cause of action with respect to delay damages.
 
K

kmarier

Guest
re:building a new modular

If the bank loan processor wrote in her paperwork that she spoke with the seller, and was told that the time allotted for construction was sufficient, couldn't that be used as something in writing? Considering we could have been given more construction time, hence no need for an extention of our loan. Also, if the seller said the house would be here and all prep work done,etc., in the construction time allowed, and this was noted by the loan processor, then isn't this also proof that the delivery date would have had to be somewhere in between these dates? We may not have a leg to stand on, but if there is some loophole in all this mess, I'm determined to find it. We weren't the only ones who have had this happen. There are atleast 7 other individuals. One that I know of has his basment built also, but his construction loan is for longer. Thank you for your help.
 
K

kmarier

Guest
re:modular

We have a real estate attorney; he is out of town at the time, and I intend to contact him when he's back if I have enough to go on. I am just wondering if I would have a case if the loan processor did indeed write these notes in our file. All in all, maybe this would help us to get our home quicker, so as to prevent any damage or out of pocket expenses for an extention, etc.
 

HomeGuru

Senior Member
Re: re:modular

kmarier said:
We have a real estate attorney; he is out of town at the time, and I intend to contact him when he's back if I have enough to go on. I am just wondering if I would have a case if the loan processor did indeed write these notes in our file. All in all, maybe this would help us to get our home quicker, so as to prevent any damage or out of pocket expenses for an extention, etc.

**A: notes may help a little but the evidence you would really need is a contract between you and the Seller as to the promised delivery date. You do not have any such written agreement.
 

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