Read the books! Have huge problem!

[jagrasse]

As brief as possible...started looking in January and decided on my own land and a manufactured home...picked the town, picked area of town and bought the land...got financing...shopped MH retailers...picked Schult Homes and went with a retailer highly recommended from other homeowners in the area, contractors I spoke with, BBB, steller rep from Schult Homes according to the website.

May 15 started process with a salesman, left deposit of $500. Signed a photocopied sales form with base numbers. Had several changes to the house and pricing for those come from the factory. Base numbers $83,900 for house $10,000 for tag along unit...numbers include delivery and set up with 50' utility hook ups...$4450 for A/C and tax...discount of $3000...and salesman estimation of the changes...totalling $103,000.

May 30 signed contract to bet a huge price increase, still didn't have other than base price numbers and gave another $10,000. Picked the colors for the house and was told mid September for build on house, end of October move in. Mid August and still no complete numbers on changes...salesman can't seem to communicate the with factory about what I want. End of August retailer management takes over for salesman to actually get the sale moving.

Changes completed within one week and a final price is given. Base price $83,900, tag along $10,000, engineering fee $2500, additional delivery fee for tag along $1800, A/C $5400 and no discount. The manager decided he would take off $1500 to save the sale.

I have no problems with the cost of the changes and have signed off on them without hesitation, but I have a problem with the manager not honoring the $3000 discount and the $2500 engineering fee.

The manager has now decided that he is giving me back my money and closing the deal because I have lost faith with his company. Any ideas to rectify this other than paying the $5500 or trying to sue?

[David Oxhandler]

While the actions of the dealer sound less than honorable you need to take some of the responsibility for you situation. You permitted them to negotiate while they held your money and you a signed an incomplete contract.

NEVER SIGN ANY PAPER WORK OR PUT DOWN ANY MONEY WITH OUT A FULL PRICE ON A FULLY EXECUTED FINAL CONTRACT.

If the seller, whose business it is to retail and install homes, cant tell you, prior to making a commitment, what ALL the costs will be you need to be very concerned about the way they conduct their business.

Take you money back, do not settle on anything less than a full refund. Then find a reputable dealer to do business with. Make the sellers compete for your business. You now have a full spec of what you want in your home. Take it (with out the numbers) to several retailers and let them fill in ALL the numbers prior to signing your name on the bottom line or agreeing to anything.

[John Grissim]

I agree with David. The cardinal rule is "Keep your options open--don't sign anything." As I explain in Chapter 11 of my book, The Complete Buyer's Guide to manufactured homes & land,": "Your signature and your social secruity number are your power, two higly prized items dealers want from you. Safeguard both, keeping alll your options open until you have all the facts and are ready to commit to a purchase and/or seriously pursue a loan application."

This said, I can understand you don't want to be lectured to, either. I sympathize with you, and from your description it seems you should be given a full refund. But your description leaves me with a few questions:

I don't understand: "The manager has now decided that he is giving me back my money and closing the deal because I have lost faith with his company."

1. Do you mean he is canceling the deal? "Closing a deal" means to me the deal has been agreed to and executed per the terms of a signed agreement.

3. Your description seems to indicate that the sales manager is canceling the whole deal but is holding back $5,500. Is this correct?

Your account leaves me wondering about aspects of the deal that you didn't describe. Schult does have a good rep and there are options open to you short of going to a lawyer. Knowing the company, it does seem strange that a dealer would cancel a deal and yet hold money back. That simply doesn't compute. Heck, it's flat out illegal.

Obviously you have been through the wringer on this and you have my sympathy. You clearly did a lot of homework and appear to have done most everything right. But obviously, too, you want to satisfactorily resolve this issue before you resume your house hunt. Hopefully this forum can help.

[jagrasse]

Closing the deal as in cancelling the transaction and I'm getting all of my money returned.

I ordered your book and still refer to it, no one but my outside lender has my ssn and when I signed I was given approximations on the changes I wanted and the final prices of these are within $150 of the estimations. I have no problems with the prices of the changes. My problem is the original deal with the salesman gave me a discount of $3000 and didn't charge me for the engineering fee of $2500, but since the prices went up June 1, and I paid for a construction slot, I believe that the order for the house was not put in and now the retailer is not willing to honor the "screw up" as he puts it of the salesman because the house is $6000 higher than the 2005 I ordered.

Now, I'm stuck paying a higher price for the same house, by signing the photocopied contract (not NCR) they have breached the contract, the manager has called my contractor and lender and created problems with them. And my family of five and two dogs still have to live in travel trailer with no hope of having a house for the next six months whether or not I buy MH or site built.

You spoke of other options...I'd love some other options at this point.

[David Oxhandler]

If your seller is baiting you with false discounts and switching prices on you before the sale is final do you really think they will become honorable after they have the rest of your money? If your having these type of problems before the home is ordered do how do you think they will handle the site prep and installation? What type of warranty service do you expect?

If you feel "stuck" you need to take responsibility for signing your name to what amounted to an open check rather than a fully executed contract. Don’t compound your mistake by letting the seller or time pressure you into accepting the situation. Get your money back and start over with a reputable dealer who will honor your business and treat you right.