The Manufactured Housing Forums

once a walk through list has been sent to the manufacturer? There was 4 pages of defects sent in to manufacturer! They could not find any paperwork on 1st walkthrough or sheets from what we orig. wanted. I pulled up the NC admin. code (section .0900-manuf.housing board) and in #14 it says that substantial defect means:: ANYTHING that has to do with materials OR workmanship, not just structural. When I called Southern Showcase to check on things, the guy said "maybe the siding and gutters are coming off because of the WIND" AND the clothes rack that runs down the wall in the master walk in closet(the one that fell off at 5:20am scaring us to death), he said "maybe you had too many clothes on it". I have tried to be nice and then I have actually"broken bad" on them. I will not let them think I am stupid about this stuff, but after reading some of the replies from some of you experts, maybe I HAVE been the stupid one. I mentioned something about a lawyer when this guy was getting smart with me, and the guy laughed out loud and said, "remember you signed an arbitrary note!!". I probably will be the one left holding the bag. I am so disappointed because I have just recently came out of a 16 year marriage and have learned (or am learning) to do a lot of things I never had to deal with. Ladies...please talk w/people who know something about what you are getting ready to purchase, or you too may be the one "holding the bag of problems!!" I wish I had known about this site much earlier. Thanks, Monica. PS I will continually check this site to see if anyone else has any suggestions for me on how to get this expensive modular fixed!!

Monica,
I am a manufactured housing contractor in N.C....
when you file a state complaint, the only things they will make a dealer or contractor correct is anything to do with the set thats not to NC or HUD code, and also anything that can be a health or safety hazard to the homeowner....
anything other than that becomes a civil matter
but as for 45 day law, i don't know of any , unless this was a used home and this is what you agreed on....

Monica said

"I mentioned something about a lawyer when this guy was getting smart with me, and the guy laughed out loud and said, "remember you signed an arbitrary note!!". I probably will be the one left holding the bag"


Imagine that. Sounds like a typical MH seller. RMurray, do you do that to people and if you do, do you feel guilty? Serious question, I feel these MH sales people are even more dishonest than used car salesman or lawyers. They may take over for lawyers as the most dishonest profession out there.

In all my years selling new manufactured homes (thousands by now)...I have never been to an arbitrator or court for ANY thing relating to service...

First...this person admits they have a modular home...NOT a manufactured home covered by the HUD code...That means she is at the mercy of her states regulatory agency dealing with modular homes...because modulars are far and few between...most states do NOT have any enforcement arm that can help an individual consumer..Just like they have little or NO ability to help individual home owners when site contractors go astray...Most states...having close ties with builders and real estate pacs..take the position these disputes between builder and consumer are a civil matter for the civil legal system to care for..

Arbitration agreements are very common...EVERY home builder of any size requires one..manufactured..stick..modular...As a matter of fact..so do all real estate companies..developers..auto manufacturers..banks for all services including mortgages..phone companies..cable companies..even Internet ISP's...You can refuse arbitration agreements...but you would be a very isolated person..buying few products new..maybe none..

Arbitration IS a judicial proceedure..this person should still consult with an attorney..The rules of arbitration are different in every state...just as the rules of the civil courts are as well..no arbitration agreement can supersede state law..The process is a streamlined court case..this happens quickly instead of taking years to litigate..Often states allow civil suits after arbitration attempts have failed....this homeowner can get (should get) an attorney..move forward and go to arbitration and within a few months have a legal resolution to her case..In arbitration you can sue for any breach of contract..any defect...just like any court...What you cannot do is claim pain and suffering...or punitive damages..only the cost of the repairs and attorney fees..There are no juries..only arbitrators..

The guy laughing about arbitration ...knows not of what he speaks...most arbitrators will rule in favor of the consumer if there is any proof at all...Just like civil courts...rulings are done by the weight of the evidence presented in the court..

I will give an example...arbitrators would most likely rule that clothes racks are to hold clothes...Unless there was a warning label about the number of items..she would likely win on this point..And Champion Home Builders would have to replace or repair..or pay for the work..this item..

This homeowner should be reading all the docs she signed...Most manufacturers would welcome mediation before arbitration..this is a low cost..informal arrangement to have a third party hear all of the complaints and try to solve the problems...Commonly the BBB offers these services at very reasonable fees..usually gladly paid by the manufacturer to avoid the high cost of attorneys..

The point is..know what you are buying..know who you are buying from...read everything you are signing..

Arbitration agreements, as RM said, are now in almost every legal contract you
sign when making a purchase for anything. The important thing is to have an
attorney review the agreement before you sign it, as you would any other legal
agreement for a major purchase.

The intention of the arbitration agreement is to decrease the ridiculous amount of
money people have been getting for what amounts to frivolous lawsuits, and to
decrease the case loads in the court systems. Some of the people who are using
the agreements are adding clauses to make the consumer pay for the cost of
attorney fees and other unsundrie items involved with the process. It is much less
expensive to have an attorney review the agreement before signing it, than to
be saddled with major expenses down the road.

So.... read your agreement again. If you don't understand it (and don't be ashamed
if you don't, ) take it to an attorney who can sort out the wording and give you
a decent explanation in terms that are in plain english. That way you will at least
know what you are up against if you do go into arbitration. You might find out that
it is cheaper to go ahead and fix the problem yourself, but hopefully you will not.

good luck

I never signed an arbitration agreement when I built my home, would of refused. Then again I hired a GC, not a big name home builder. PH tried to get me to sign one at the application stage, that was a big reason to scare me off as well as all the other BS. Monica, do you have a modular or a manufactured home? I know many people are confused as to the two terms. RMurray, glad to hear you are honest. And don't you think if arbitration doesn't work, most MH owners can't afford to hire a lawyer? So their basically left holding the bag. My brother in law is a real estate attorney in DC making probably $800 an hr. Luckily he doesn't charge me. But that is an extreme rate, even $200 an hr is alot.

Attorney costs are attorney costs...If you consult one about filing an arbitration or filing a suit the hourly rate is the same...Only arbitration is quicker and less time consuming..so it costs less in the long run..

Did you refuse to sign the arbitration agreement that went with your mortgage???..You are right PH as well as all major manufacturers require an arbitration agreement..

Only in DC could a real estate attorney charge $880 per hour...lots of our tax money floating around with large government projects..

Monica:

As Murray stated , you can't underestimate the importance of choosing a dealer that cares whether you get service or not. As I have posted before, it is unfortunately a fact of life that some dealers just don't care about anything beyond the sale.

Beyond that, I don't believe that Champion will not want to service your home.It can just go so much smoother when the dealer sees any lack of service on the products he sells as a blow to his good reputation and is anxious to protect this reputation by intervening on your behalf when you are not happy.

Call the champion service department direct and let them know what is happening.Be nice but be persistant.Let them know that you bought their product with the expectation of reasonable service and since their dealer does not seem to really care, you are forced to deal directly with them.Don't use threats and let them know that you bought their home because you had heard good things about the Champion product.

Give them reasonable time to take care of any problems that are not emergencies,i.e. water leaks electrical problems,inability to lock exterior doors,etc. Ask them to give you a time frame and then as that time approaches call back and narrow it down to a day and the name of the service technician.
If you can't reach the service department ask for the sales manager.

Forget the dealer and warn others that ask you about your experience with them.

YES, I am positive it is a modular because the new "walk-through" lady w/Southern Showcase, once she saw the cheap stuff and workmanship, gasped when she saw the "MODULAR" label under the kitchen cabinet and in the elec.box in the washroom. I wanted and paid for a modular, but when the thing was set up, I started to wonder if that is what I had gotten. She confirmed it. As to the signing of papers, I should NOT have did the "quickie" thing. The attorney guy came from another county, the one they alway used, and he was way behind, with another couple to sign papers in 15 minutes and it was a very very brief statement about each paper that I signed. Funny thing, no one could come up w/the original contract or 1st walkthrough papers. No one at Southern Showcase could locate them. Remember, all the original crew is gone now. These are new people to run Southern Showcase. Yesterday there was a call on my machine from S.Showcase stating that the MANUFACTURER had a problem because a few of the of the items on the last walkthrough sheet was not on the original walkthrough???? Whats up w/that???? I thought nothing could be found???? You guys please be honest w/me, I am screwed aren't I??? On top of everything else, I keep reading your replies about lawyers, guess what?? I re-married in Nov.2003 and my new hubby and I have spent(mostly his), topping at this moment, $31K in lawyer fees because of his evil ex-wife-(assault, larceny, harassing phone calls, false sexual allegations, etc, etc).They are all lies. Now do you guys see why I am so frustrated?? I wish I could just sell the house, but I don't think it would even bring close to what we have paid for it (or have signed 30 years for!!) I hate a court room and I do not want to hire another lawyer, but if it looks like something maybe can be done to fix this house, I will borrow again. I cannot pay a huge house payment every month for something that is literally falling apart within 2-3 months of moving in. This house is not even 8 months old yet!!! Write me back everyone, Monica

Monica: #1 Is this a Champion home? #2 Is Southern Showcase a factory owned store.

I sell Homes of Merit which is owned by Champion and this could not happen.I handle service here as well as sell and our company would not do business with Champion if they did not perform to the standards our customers expect.The fact that its a modular has nothing to do with required service being performed.

Something here is just not right.Lets get all the facts on the table and I will try to help you.I would be very concerned if Champion is refusing to dHaveo normal warranty work.A four page list on a home is normal if not below average.We just need to get the work done.

Have you tried to contact the factory?