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Monetary settlement ?

Posted: Fri Apr 01, 2005 7:07 pm
by Kelly Smart
It has been suggested for us to seek a monetary settlement if the bowed ceilings, holes in the carpet throughout the house, cracked grout and ceramic tiles throughtout the kitchen counters and my big island/bar in the kitchen, pieces of cracked laminate flooring in the den, and the pathetic sheetrock walls which have as much as 1/4 - 1/2" of sheetrock mud in areas which looks horrible is not fixed to our satisfaction. It has now been 67 days since the house was set on our concrete. We are not able to move into it as of yet because of all the work still needing to be done. I have around $800 - $1000 in bills from having to stay in a motel when I am on call. The rest of my family(husband and 2 kids) are living with his mother. I cannot stay there when I am on call because she lives too far for me to meet my response time when I am on call. The dealer has just flat refused to do anything else and the factory guy just came up the other day and has agreed with us about the problems with the house. He said the factory will be responsible for some of the things like the carpet but the other things are going to be the responsibility of the dealership. He suggested the complaint to the state but he did add they are usually just concerned with structural problems and he didnt know if they would rule on these items. I cannot believe this house can be this messed up and our hands can be tied. We do have our paper to file with the state but I am really discouraged about this.As I have put in my other postings, we spent alot of money on this house and I want it fixed.Do we have options?

Re: Monetary settlement ?

Posted: Fri Apr 01, 2005 7:15 pm
by Mark Bower
Normally you don't sign move-in papers until the house is done to your satisfaction and you can move in. Although rules are different in each State and with each lending instution, some lenders don't advance final payment to the dealer until you've signed those move-in papers. Have you advised the lender about your situation?

Hopefully your being advised by an attorney when you speak of going for a monetary settlement. Your situation is almost beyond the advice of forum as legal advice should be sought.

Next year (or is it later this year), new federal HUD rules come into play regarding set-up, but you may be just under the rope for them to apply to you at this time.

Keep us informed,
Mark
You gotta see my repair manual!

Re: Monetary settlement ?

Posted: Sat Apr 02, 2005 7:02 am
by trmimo
Be careful about a monetary settlement. You need to make sure it will cover any costs incurred in corredting the problems. It usually doesn't because most people who collect a monetary offer don't correct the problems themselves. Also be aware that when you accept the settlement you will have to sign something releasing them of any further obligation. Most states don't enforce non structural or health and safety issues, however they will usually ask all involved parties to accept whatever recomendations they make. The factory usually does and they will often put a little pressure on the dealer to agree as well. Keep in mind the state is not a quick fix, it may take 60 days or more to have them look at your house.