Mobile Home Park stiffing me on move-out....

[dscurlock]

What is the name of your state (only U.S. law)? MN

We purchased this run down mobile home last year, so we just recently left the park and put the home up forsale...not so fast the park says...they are giving me crap that I need to fix all sorts of things...and I am talking about the same condition that I bought it in. and I am not talking tiny stuff, they want me to fix the rot under the porch, and all sorts of other stuff....fix broken glass, fix all screens...this is the exact way we bought the house, why did the park not tell the previous tenant to fix these problems...and if I do not fix these problems, the park will not allow me to sell the home, and I will continue to have to make lot payments...am I being stiffed or what...

Is this legal? Can they hold my mobile hostage (keeping
me from selling it) and expect me to continue to
pay lot rent?

I would understand if I had lived in the home for years, I guess I would
then expect to fix this stuff, but to force me to fix standing issues
that they did not force the last tenant to fix is not fair, and I should
not have to either, I bought the home in the very same condition that
it is now...then to top that off and tell me that I dented
their garage...my car has never had contact with the garage...

What do you guys think?

 

[Hot Topic]

Only a person short of brains would buy a mobile home in such bad condition.

Only a person short of the expertise to advise others on a legal forum wouldn't know the difference between "legal" and "fair."

 

[FarmerJ]

Most parks in our state have some kind of exterior maint rules in writting especially when they have older units. Broken windows , porch repair, siding & skirting repairs are exterior repair issues. Fix the exterior issues then list it. The inside of the home is not visible to the public so its all about the outside repair issues wich likely are all spelled out in your lot lease. BTW screen repairs are easy , one large lumberyard store I go to sells frame kits to build new screen frames , roller tool, screen of multiple width , can do that one very easy by following directions. then like I said once the exterior is repaired list it.

 

[dscurlock]

Most parks in our state have some kind of exterior maint rules in writting especially when they have older units. Broken windows , porch repair, siding & skirting repairs are exterior repair issues. Fix the exterior issues then list it. The inside of the home is not visible to the public so its all about the outside repair issues wich likely are all spelled out in your lot lease. BTW screen repairs are easy , one large lumberyard store I go to sells frame kits to build new screen frames , roller tool, screen of multiple width , can do that one very easy by following directions. then like I said once the exterior is repaired list it.

Lets not get into the debate over what needs to be fixed, there is a lot, and it gets longer, and very expensive.

Before a seller can sell the home, the home is inspected, and the seller is required to make mandatory repairs...then the park will approve the home
to be sold...when we bought the as-is home, we thought this obvious step was done, and the home was compliant to be sold...it was not...

the park is telling me that the agent/seller had a talk with me about taking the sellers reponsibility about fixing mandatory repairs which they did not, nor is it in writing that I would accept the sellers required repairs to the home...and the agent convinced the park that the buyer (me) would be making these repairs, all this going on behind my back, I only found this out when i put the home up forsale to find out that the park did not make the previous seller make the repairs, but the park approves the home to be sold, I guess thinking that I would be making these repairs...

Ok, I buy the home sold as is - the agent/seller/park had this prior
inspection/repair report and withheld it...they had important info on this home, and failed to provide full disclosure...this is very important info
that they withheld, this would have made a difference not to buy
the home if I was given full disclosure of this report. If they knew
the seller is not going to make repairs which they are required before the park will approve the home to be sold, why would they assume
that I would make his repairs? This is what the agent/park should have done...ok, you are buying this home as - is the buyer will also
be reponsible for making seller repairs, here is the full report.

1: seller did not make his mandatory repairs

2: park approves the sale of his home

3: This is where i come in...I am thinking the home is compliant
already, ok, i buy home as-is - It must be compliant since the
park approved the sale of the home, since homes have to
be park compliant before being sold, nothing else was said,
no disclosure was provided about me being reponsible for
the sellers repairs before the sale of the home.

4: I move out, put the home up forsale, park says not so
fast, you have to make these prior seller repairs before
you can sell your home. I say what, this is BS...the park
said since I bought the home as-is, then I automaticly
agreed to make seller repairs...I told her no baby...there
is no contingency on this sale agreement that I would be
making the seller repairs...it does not say what-so-ever on the
agreement sold-as-is buyer agrees to make seller repairs...

5: at this point, I have contacted them for proof that when
I bought this home, then I would releive the seller of his
obligations...no agreement exists...

the park should have come to me before I purchased the
home with full disclosure saying that I would be buying
the home and the seller is not making our mandatory
repairs, here is the report, sign here....nope, never happened..

I would not have bought the home, period...

the agent/seller snaked their way out so the seller
would not have to make his expensive repairs...

I was told by the agent that the home was complaint...I
am under the impression the home was complaint to be sold as-is
and it was not....

I have been calling them for two days now, they keep saying
the person that I am supposed to talk to is not in. I wonder
if they are getting legal advice for themselves. Did we assume
the buyer was going to make seller repairs since there was
no agreement between the buyer/seller that the buyer
would make mandatory seller repairs before the home
was approved to be sold. We did not provide buyer with
the full disclosure inspection report of the seller, and we did
not inform the buyer that they would be making seller repairs, so the
buyer could have made a more informed decision...I am sure
all this is running through their minds now....

honestly, I would prefer them just to say, we screwed up,
go ahead and sell your home, because at some point, if this
becomes a standoff, then lot rent will not be paid, then they
start eviction process, mobile home take-over, etc...then they
will have to explain to a judge on why they did what they did...

I hope it does not go this far and end this so i can
move on with life, I have other important issues
to deal with...this should not be one of them.

 

[dscurlock]

I contacted the mobile home park today - outcome was not good - we explained how the park improperly approved the home to sale. They said we do not conduct this practice. We do not allow homes to be sold that we do not approve to be sold...I said to them, but you guys did this to us...you allowed us to purchase an unapproved park home and the agent/nor the park told us before we purchased the home. The park is trying to back peddle because they screwed up, they will not allow us to sell the home until the seller repairs are made, even though they allowed the home to be sold to us in the same condition. They violated their own rules. What is the purpose of rules/contracts if you are going to disregard your own rules at will?

I also got advice from an attorney which said I did not have a case, I seem to disagree with this...are you telling
me that I have to follow the park rules, but they can do what they want when it is convinent for them? why
can they not be held accountable in court to their own rules? or we just turn rules on and off just when-ever...

 

[KingFahad]

What is the name of your state (only U.S. law)? MN

We purchased this run down mobile home last year, so we just recently left the park and put the home up forsale...not so fast the park says...they are giving me crap that I need to fix all sorts of things...and I am talking about the same condition that I bought it in. and I am not talking tiny stuff, they want me to fix the rot under the porch, and all sorts of other stuff....fix broken glass, fix all screens...this is the exact way we bought the house, why did the park not tell the previous tenant to fix these problems...and if I do not fix these problems, the park will not allow me to sell the home, and I will continue to have to make lot payments...am I being stiffed or what...

Is this legal? Can they hold my mobile hostage (keeping
me from selling it) and expect me to continue to
pay lot rent?

I would understand if I had lived in the home for years, I guess I would
then expect to fix this stuff, but to force me to fix standing issues
that they did not force the last tenant to fix is not fair, and I should
not have to either, I bought the home in the very same condition that
it is now...then to top that off and tell me that I dented
their garage...my car has never had contact with the garage...

What do you guys think?

You are free to take your "mobile home" (legal personal property) where ever you desire.
No one has stiffed you.
Good Luck-you are going to need it.

 

[dscurlock]

You are free to take your "mobile home" (legal personal property) where ever you desire.
No one has stiffed you.
Good Luck-you are going to need it.

easier said then done, and I should not have too if all parties
were honest with me upfront, unless you are ok with being cheated.

If you are going to have rules, and you are not going to be honest.

Whats the point?

Being upfront on this would have made a big decision factor on buying
the home or not buying the home.

 

[KingFahad]

easier said then done, and I should not have too if all parties
were honest with me upfront, unless you are ok with being cheated.

If you are going to have rules, and you are not going to be honest.

Whats the point?

I understand your concern.
Your primary legal option has been given to you.
Not to be harsh, however you are not in the best situation.
Chalk it up to a lesson learned, next time think "long term" of your
choices.

 

[dscurlock]

I understand your concern.
Your primary legal option has been given to you.
Not to be harsh, however you are not in the best situation.
Chalk it up to a lesson learned, next time think "long term" of your
choices.

yes, I have had no-fault accident where i was injured...attorney
said I did not have a case, so i did not persure justice..

I am tired of bending over...

PS the atty also said he never of heard of anything like this...so I
do have to wonder how much experience he really has...

This isnt about learning or I should have known better. It is about being screwed by a big park and act as if I was the one at fault. It is about being taking advantage of....I am not sure anyone can understand, until you are in a similar situation. I guess when you are then you will understand, and others will just say chalk it up, so they can do it to someone else because no one stood up for their rights.

Would you be ok if you bought a home as-is and the agent/seller withheld important
info that they had in their possession? and regardless what they had. the park violated
their own rules by allowing this home to be even sold to begin with "unapproved" status, and
I am sure that I have read that rules have to be uniform across the park. Why were park
rules favored or overlooked for the seller (previous owner) then enforced on me? Why
did the park allow the seller to sell the home as-is and now I am not allowed too..this
proves what they did was wrong if nothing else does.

It will only take one aggressive attorney that believes in justice, and we can back them
into any corner in the courtroom.

 

[FarmerJ]

DS It comes down to deep pockets , you know, the Park has rules about sales of homes. So if you didnt accept responsibility for the repairs even with proof of it not being addressed you know management may well nit pick and do every thing possible to later breach the lease. ( see the park management is not stupid they know very well that everything has to be in writting and they should not have accepted the realtors word regarding responsibility issues ) If your in the metro area many of the parks in the metro area have become much more rigid about forcing upgrades and repair. Im wondering if you would be better off negotiating to sell the home contingent on the home being removed from the park. There is a possibility of finding a buyer who may want to put it onto land they already own elsewhere.

 

[dscurlock]

DS It comes down to deep pockets , you know, the Park has rules about sales of homes. So if you didnt accept responsibility for the repairs even with proof of it not being addressed you know management may well nit pick and do every thing possible to later breach the lease. ( see the park management is not stupid they know very well that everything has to be in writting and they should not have accepted the realtors word regarding responsibility issues ) If your in the metro area many of the parks in the metro area have become much more rigid about forcing upgrades and repair. Im wondering if you would be better off negotiating to sell the home contingent on the home being removed from the park. There is a possibility of finding a buyer who may want to put it onto land they already own elsewhere.

I did not accept seller obligations because the park nor agent never come to me and told me that his obligations were not met with the park. they allowed me to sign off on this home as-is knowing full and well they had this information, and did not tell me upfront...

It is easier said then done moving a home...it could be more difficult on finding a buyer as there would be moving costs involved now.

the park are supposed to have rules, but they did not follow them..they gave a special pass to the agent/seller to get rid of his home as-is without providing info upfront about the seller not being approved, now when i told the park that I want to sell, they are not giving me this special pass, they are passing the buck to me and will not approve me to sell my home, even if I get it in writing that the buyer has to make repairs....

They sent me this form that says you can sell the home if the buyer agrees to making repairs, so if i did agree to this, then the park should already have this form between the buyer/seller, I have asked them for proof that I signed this form - no response - so now they are back peddling saying that I can not sell the home period, even if the new buyer agrees to make repairs...

I am not worried about the park breaching the lease, I am no longer in the park, or the state, but you are right, I can choose not to continue making lot payments, or they can choose not to renew and start evictions, at some point, one way or another, they are going to have to explain to judge why they did not inform me of this home not being approved by the park, and why they granted a speical pass to the agent/seller so the seller did not have to meet his obligations...

If the park knows a home is not approved to be sold, you think the park/agent would be obligated to inform the new buyer.
The agent also knows this because he does business in the park all the time, so the agent knows the rules also, and
the seller would surely know this because he has to get park approval in order to sell the home.

The park violoates and disregards their own rules....

and do not think my pockets are slim either, I am in the right, this was misrepresentation on the park/agent/sellers part, I would be more then happy to hire an atty and force them to follow their rules by making repairs, refund of lot rent, and refund legal fees, and allow me to sell the home, or force them to buy it, and they can do what they want with it.