roof not to state code

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liz

roof not to state code

Post by liz » Fri Jul 22, 2005 1:08 pm

I bought a mobile/manufactred home. I have recently tried to list the home for sale, and was told that it was illegally sold to me because of the weight capacity of the roof. It was not built for this region, and that my contract would also not be legal. I have not contacted the seller as of yet, I have contacted the state building codes and standards division, and I am going to be filing a consumer complaint with them and I am hoping that they will make the seller buy it back...however, What do I need to do if he refuses? I do not know what kind of rights that I have here...Do I need to get a lawyer, and sue him? And what do I go after?
-Liz

Eugene

Re: roof not to state code

Post by Eugene » Fri Jul 22, 2005 2:19 pm

Manufactured homes are preempt from state and local building codes. So the home was legally sold in that regard.
However, some places that get extreme snow loads, do require either a heavier roof or place the home under a car port like structure.
Colorado and Idaho have some places that require this.
Just know, the manufactured home is built to a national code, not a state code.
contact your State Agency for more info
800-927-2891

David Oxhandler

Re: roof not to state code

Post by David Oxhandler » Fri Jul 22, 2005 6:03 pm

YES Manufactured homes are preempt from state and local building codes. BUT the federal code requires different standards, in different regions of the country for roof loads wind resistance and even heating standards.. For example now have 3 wind zones with differing construction standards here in Florida.

States can refuse to permit homes that are not built to the HUD standards for their region. Your best bet is to get a lawyer to look over your sales agreement and let you know if you have any recourse through the courts.

Mac

Re: roof not to state code

Post by Mac » Sat Jul 23, 2005 6:24 pm

I believe you have a cause for action under the warranty of fitness for a particular purpose (you were sold an item that was unfit for its particular purpose, and the seller had a duty to know this, if they were in that business). I would bet a consultation with a real estate attorney would not cost more than $50, and would likely answer your questions. I'm not an attorney, but have a bit of experience. Good luck!

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