Who is responsible----seller, installer, or are we just out of luck?

[kyleesgram]

What is the name of your state? Tennessee

We closed on the purchase of a then 2-year-old manufactured home almost 2 years ago. Aftermoving into the home, we found numerous problems, primarily due to faulty installation. For instance, we've learned from the manufacturer's engineer that the two halves of the structure were not properly joined, resulting in a roof leak when it rains. We did not even discover this until January, when some shingles came loose and my husband got up on the roof to inspect it. We initially filed a complaint with the state agency that oversees the manufacture and installation of these homes and listed all of the defects we had uncovered. We were told we had a good case, but then upon further review by the state agency, we were notified they could not take the case, since we were not the original owner of the home. They said we would have to bring a lawsuit against the original owner, if she had failed to disclose these defects, but what if, as I suspect the case may be, she didn't know, since many of them were truly hidden from view? Besides the roof, other examples of problems are a water leak inside a wall, a door that leaks water when it rains, mold growing up under the siding, cracks under most of the windowsills, and the so-called brick foundation is just a facade (the structure isn't even resting on the foundation). Some of these problems might have been known to the previous owner, but I can see how she may not have known about some, as they were essentially hidden from view. Who is responsible then, if not the previous owner? If it's the installer, as my husband claims, is it even remotely possible/feasible to bring a lawsuit against him, or should we just bite the bullet, pay for the repairs ourselves and move on? Naturally, you might know that we waived having a professional inspection, thinking that it was so new, there couldn't be anything wrong with it that the seller didn't already know about, and that by then, any installation problems would already have been resolved. I know......groan**************such naivete! Thanks for any advice!What is the name of your state?What is the name of your state?

 

[justalayman]

If the seller failed to disclose known items or items that they should have reasonably known about, you may have recourse against them.

You had no contract with the installer so would have no recourse against the installer. If you win a judgement against the seller, they may have a claim against the installer but may be limited by the statutes of limitations.

As you figured, you messed up by not having and inspection which apparently would have discovered at least some of the noted items.

The part of " it isn't even resting on the foundation" shows that you have no real idea how a manufactured home is designed. You should definately have had that inspection. The foundation is the concrete pads or piers that are beneath the steel frame of the home. The brick foundation is just a facade and is only intended to be a retaining wall. It is not built to support the home nor is it probably capable of doing so.

Talk with a local attorney to see look at the disclosure and your list of problems to see if any of them should have been on there that aren't. He can then advise you on the proper next step.

 

[kyleesgram]

Thanks---you're right!

Thanks so much for your response. Your comments about the "brick foundation" started me off on an Internet search for more information and, indeed, I found you are right. It ISN'T supposed to support the home, and is in fact just a nicer-looking skirting. So that in itself was very helpful.

I am about to conclude that we may as well just get these things fixed and consider ourselves better "educated" than we were before we bought this home. I'm not very optimistic we can even find the seller, as she moved away from this area right after she sold the house.

Live and learn!