Fraud

[Laura]

Just a question....

My husband and I bought a mobile home from a local dealer, but were never told there was major structural damage done to the home before we bought it. We are finding out the "round about" way. There are a lot of things that are starting to go wrong in the home. Our question is, do dealers have to disclose that the home had structural damage prior to the sale? If we would have known this, we would not have bought the home. Please help!

Thanks,
Laura

[Chrissy]

I’m sorry that you are having a problem with your new home. I hope we can assist you.
You did not tell me exactly what the defect is or how it is effecting the integrity of the structure so I can not start to guess how the damage happened nor can I comment on what might be done to physically make repairs. The good new is that The federal code that regulates manufactured housing has specific consumer warranty requirements. If there is “major structural damage” to your new home you should not have to face the problem yourself.
From your comments it is obviously that you would like to hold the retailer responsible. Most new home buyers either put up their life savings, or go into “hock” for an extended number of years, and are at absolute minimum entitled to expect structural integrity. Do not let your frustration with the retailer’s response to your problem cloud the issue.
Manufactured homes are transported from the factory to the retail center and then from the retail center to the new home owners home site. As anyone that has ventured down any road in America these days knows, anything can happen out there. Most often these days the transport is contracted to professional home movers and is outside of the control or even the view of the retailer.
The installation (at the buyers home site) of today’s modern MH is a complex project. Most states require that installers be licensed and bonded. Again the retailer outsourcers the “set up” and entrusts the home to contracted sources, that perform their operations away from the retail center and out of the retailer control. In different areas of the country this may require heavy equipment to “spot” the home. The sections are lifted and lowered, and often have to be slightly racked to be merged so that the floors are leveled, regardless of the inclines and irregularities of the ground below.
As you can see the question of what the retailer knew about the structures integrity at the time of the sale will be close to imposable to answer. The retailer is NOT YOUR REAL PROBLEM here. The real issues appear to be:
1 - What is the exact defect causing the problems your home is experiencing.
2 - What do you need to do to exercise your rights under the manufacturers warranty and have the defect corrected.

If you have any complaints about the performance of your manufactured home that have not been resolved by the retailer where you purchased the home, you should contact the manufacturer that produced the home. If the problems are left unresolved by the factory then you need to contact the state agency where you live that administers the federal code regulating manufactured housing. (see www.manufactured-housing.net/saa). It is important to provide the following information with your complaint:
First write a numbered list of all the problems. After you have listed each problem then list the dates and names of the people at the dealership and the manufacturer that you spoke to about the problems. Then list the dates that service men came to your home and what they did during that visit.
Also be sure to include:
· Your name, address and a telephone number where you can be reached during the day
· The name of the manufacturer
· The serial number and model number of your home
· The HUD label number (the red tag on the back of the home)
· The date purchased
· The name of the retail business who sold you the home.
· Copies of any correspondence or contacts with the retailer and the manufacturer to resolve the problem.

Make copies of this letter. Keep one and send a copy by Certified Mail Return Receipt to:
· 1- The Dealership where you purchased the home
· 2- The Manufacturer of the home. The builders address should appear in the printed materials you received with your new home or you can find their address in the Manufactured Housing Yellow Pages on-line at http://mfdhousing.com/yellow_pages
· 3- The Agency that regulates manufactured housing in your state. You can find the contact information for that agency on the Manufactured Housing Global Network’s web site at http://manufactured-housing.net/saa

I hope the information above helps. We generally discuss issues of interest
to MH Community operators and managers here. If you would like to discuss
the exact nature of the homes problem or the federal rules involved in the
warranty process the best place on the web is the MH EXPERT FORUM at
http://mfdhousing.com/discus/list.php?f=2
Please bookmark this page (add it to your “favorites”) and come back to our forum to let us know how you make out.
Good Luck.

[Laura]

Chrissy,

Thanks for your comments. Our problem is that we bought a used home that had gone through a tornado. When we bought the home, the dealer did not tell us that there was any structural damage to the home. We later found out that the stove was touching the ceiling in our kitchen, the main frame was bent, and that a wall was replaced, due to the wall snapping in half. The home fell off the blocks. We had an inspector come out, and before he even went under the home, he could tell that we had had more than $5000.00 in damage. We live in the state of Iowa. There is a law for motor vehicles that states that if there is more than 5000.00 in damage, it has to be disclosed. Well, mobile homes have vin numbers, so would that fall under the same law? I am not having any luck finding out.

Thanks Again,

Laura

[Chrissy]

OK - now I can truly give you some direction. If you call Joe Kelly, the Executive Director of the Iowa Manufactured Housing Association, he can provide you with state specific information, phone numbers, and explain to you exactly what to do and who is responsible for what under Iowa law. His phone number is 515-265-1497. Thanks!

[David Farmington]

If you bought it As-Where Is. Aren't you just stuck with it?/??/

[Chrissy]

Buying a home under "as is - where is" conditions don't always alleviate the retailer from telling the customer about known damage. Your state association can help explain your state laws, which usually govern this information. There may be recourse available.

[Dell Herring]

When all else fails you should be able to cout on your local magastate. Figure the cost and file civil suit and they will have to give an answer to them. Please include the dealer and sales person.If they feel a presure on their wallet and their licenes to continue sales in your state.Protect your investment. DO NOT be ashamed to go to your local magastate for help. They are there to help their comunity.