Help! Fleetwood sold my home

[Karissa]

Please help.
Last April we put earnest money down on a clearenced lot model at Fleetwood homes. We did everything they told us to do including spending $500 in Sept. for perk holes to be dug. Then we were told that we would need to spend another $150 for a winter review. If the health department hadn't changed it from Oct to Nov we would be out that also. Then we drove buy and found our house gone. When I called the lot where our house was located they told me it had been sold in August to someone else. (one month before we spent $500 for perk)
When we went to fleetwood and asked about it they tried to say our earnest money meant nothing and that our contract was void because we refused delivery.They never offered delivery. When that didn't work they said it was because we didn't make the down payment. They had asked when we could have it by they used that date to mean that we hadn't made the down payment.
I was never told that our contract we invalid. Or that they needed the down payment. I was told to wait to see if the property would pass perk.
Is there anything I can do? I plan to contact the bbb & such. But does anyone know what actions I can take and what they might owe us?
Thank you,
Karissa

[Ron]

I am not a lawyer and this is not legal advice. My opinion only. You are do a return of your earnest money, since the offer to purchase you signed was for the specific MH sitting on the lot. Hopefully, the serial number of the MH was listed on the offer. If not, then the earnest money could be applied to any MH on the lot you might choose. It depends on how the purchase offer was written.

The money spent on the perc tests and Health Department reveiw would not be reimbursed, since you would need to have the perc test performed before any home from any dealer could be placed on your land. So your expenditure for those items is not wasted. Your health permit should be valid for a specific length of time.

If you feel you have exhausted talking with the MH dealer, then visit the www.ftc.gov web site (Federal Trade Commission) and file a complaint there. (You might advise the MH dealer you plan to do this.) Also, talk to your state Attorney General's (AG) office. Most have one for consumer problems such as this. Document, in letter form, your complaints and mail to the AG certified mail with return receipt. Copy the MH dealer on this letter of comlaint.

The AG's office will send a letter to the MH dealer requesting clarification of your situation. This should jar the earnest money loose.

[Randy Eaton]

Hello Karissa,

If the sales center, manufacturer and lender were unable to resolve your concerns, there is still hope. There are offices within most state governments that are knowledgeable about manufactured housing related issues. Here is a great web-site if you have a complaint, http://www.hud.gov/fha/sfh/mhs/mhssaa.html You can also contact the Better Business Bureau at http://www.bbb.org/ Go to the top left hand corner of their web-page and click on “Find your local BBB.” Pick the state you live in and a list will appear showing the nearest office in your area. You can also write or call them at, Council of Better Business Bureaus, Inc. 4200 Wilson Building, Suite 800 Arlington, Va. 22203-1838 Phone: (703) 276-0100 Fax: (703) 525-8277

Randy Eaton

[Teah Bowling]

My husband works with a man that had a similar situation. I don't know all of the details, but he and his wife had purchased a Fleetwood home and his Mother saw being pulled down the highway one day and called him to tell him they were delivering his home. Of course he knew they weren't delivering it to him, so he called them. Turned out they had sold his house to someone else. He ended up with a new home and some freebies because of their error. A couple of his freebies were a front and back deck. Sounds to me like you should have some recourse. My suggestion would be to talk to a lawyer to see if there is anything you can do. I know some attorneys don't charge for the initial consultation. Good Luck.