Floirda, Lemon Law for manuf. homes?

[barefootonthebeach]

Bought a revamped home. Inside is gorgeous! Owner, however, ignored roof issues. He is also my mortgage holder, payments to begin end of July. Have discovered roof leaks in MANY places. Actually, roof needs to be rebult. What are my options? Is there a "lemon law" in Florida for leaking roofs? I'm starting to feel unssafe with soft ceilings, plus worried about getting sick from the mold and mildew. Any info MUCH appreciated. Thank you.

[rmurray]

There is no such thing...Even then Lemon laws only cover new vehicles...You should have invested in a professional home inspection....but if the owner lied directly to you about the roof condition or if he knew about them and failed to disclosed them to you, he might have some liability...This can only be settled in the court and you should proceed with competent legal advice...Good Luck with your problem...

[barefootonthebeach]

Thank you, rmurray. I'm already beatin' myself up for the "shouldas", believe me! Yes, he knew about the problems. My good neighbors will testify to that. I appreciate the advice.

[David Oxhandler]

The most immediate problem is to stop the leaks. The Legal process could possibly last well though the rest of this years Florida's rainy season and on through next years. Find out what you must do to stop the leaks and clean up any residual damage... like mold and mildew. If you dont, by the time you get a legal resolution the problem will be worse and much more expensive to repair.

Read your sales agreement. Most pre-owned homes are sold "where is, as is" with a disclaimer that the buyer has inspected the home and found it suitable for his/her purposes. In that case you could have a difficult time getting a legal solution that would offer a refund, repairs or absolve you from making payments.

Much of what you decide to do could depend on the amount you paid as the down payment. You can always walk away from the deal, default on the payments and move on. That could have a devastating effect on your credit score if the seller reports to the credit system. You may need to decide if the cost of repairing the roof is worth loosing the down and possibly compromising your credit.

Consider opening negotiations with the seller/lender. Let him know what your problem is and see if he is willing to take on some of the cost of repair or if he will let you apply some or all of your payments to the cost of repair. If he is resistant to accepting any of the cost Ask if you can add the cost of repair to the current mortgage by extending the number of months you have to pay. I know this is not what your looking for but you must look ahead at this point... the "shouldas" are all in the rear view mirror and there might be no way to back up.

It is very understandable that you are upset and feel like you were not treated fairly. Unfortunately, the main concern now must be your health and preventing the problem from getting worse and potentially more expensive to cure.

Keep records... keep receipts... talk to a lawyer, you may have a case for some recovery ... just dont let the problem continue

[JOAN ROTEN]

IS THERE ANYONE OUT THERE WE HAVE HOMES OF MERIT FOR THE PAST YEAR AND A HALF BOUGHT IT NEW. HAVE ELECTRIC PROBLEMS IN THE KITCHEN. USE THE MICRO WARE AND YOUR DONE ANY OTHER APPIANCE PLUGED IN BLOW THE BREAKER. MERIT REPAIR PERSON WAS HERE. SAID IT WAS WIRED WRONG. GIRL IN THE OFFICE TOLD HIM TO CHANGE THE BREAKER. SORRY THAT IS NOT THE PROBLEM. NOW THE CIELING LIGHT GOES ON AND OFF WORKS WHEN IT WANTS TO. KITCHEN CABINETS ARE A BIG PROBLEM. MADE OF SOME KIND OF PAPER, WITH YELLOW STUFFING. ITS FALLING OFF./
HAD TO PUT ON A NEW BACK DOOR. THEY KEPT ADJUSTING IT. SORRY THAT DID NOT WORK MORE THAN THREE MONTHS AT A TIME. ALL THE WATER FAUCETS HAVE BEEN CHANGED THEY ALL LEAKED. WE A SENIOR CITIZENS AND I ASSUME THAT MAYBE BY PROBLEM. CAN ANY ONE TELL ME WHERE TO WRITE TO????????????????????PLEASE CAN SOME ONE HELP. EMAIL [email protected] THANK YOU

[David Oxhandler]

FROM HUD'S WEB SITE

Effective February 8, 2008, at the time of signing a contract for the sale or lease of a manufactured home, the purchaser must be provided with a retailer's dispute resolution notification and each home must be sold or leased with a manufacturer's dispute resolution notification located in the home's consumer manual.   If a problem arises with a manufactured home, the first contact should be the retailer. Most problems can be eliminated quickly. If the retailer cannot help, the second contact should be the manufacturer. Manufacturers, for the most part, are quick to respond to problems.   It is important to put a report of a defect in writing so that there will be proof of date of delivery. Also, make a copy to keep with your records. After reporting a defect, the reporting party or homeowner is encouraged to allow time for a satisfactory resolution of the reported defect before initiating the Manufactured Home Dispute Resolution Program.   If a satisfactory resolution of the reported defect is not obtained, there are offices within most state governments that offer remedies through dispute resolution programs.   FLORIDA has established a dispute resolution program. Contact: Dr. Dwight D. Davis, ChiefBureau of Mobile Homes and RV2900 Apalachee Parkway, MS66Tallahassee, FL 32399-0640PH: (850) 617-2881FAX: (850) 617-5191Designee: Chuck Smith,