Extended home delivery

[Carol]

In April we purchased a model modular home from a dealer in a near by city. At the time we made the down payment we entered into an agreement with the dealer that he would hold the home on his lot until we were able to get the land and prepare the site, it was understood that this could take several months because we were faced with some struggles with our township. If for some reason we could not get the land approved, the dealer agreed to refund out down payment of 10% ($7000). About a month out from the time we knew the basement would be ready, we talked to the dealer and he set the date of deliver for 10/25. 10/25 has come and gone and here we are two weeks later and still no home.

The first date of 10/25 was missed because the crew that was hired to move the house was in Colorado hunting and didn't get back on time to tear the house down and move it. Since then, we've been promised several different dates of delivery and have heard just as many excuses - weather, no crane available, behind from the weather - we've heard it all. Now he isn't even offering a date or an excuse, he is just saying "we'll get it there when we can".

Meanwhile, we are waiting to sell our house to a buyer who is getting impatient and faced with renting storage and finding housing so we don't lose the buyer. This has turned into a nightmare. I checked the Better Business Bureau for our state and there have been 4 complaints against him in the last 36 months. I'm so disappointed! Do we have any recourse? Is there anything we can do to expedite teh delivery? Any help would be greatly appreciated!.

Thanks

[Mark]

You might want to be a little more patient, especially if you are having a crane swing. A number of factors have to line up in order to make this happen..

Foundation has to be complete, inspected and approved.
Weather has to be good, not just the day of, but for several days before and preferably after.
Crane has to be available.
Crew to operate crane has to be available.
Crew to swing the home and set it has to be available.
Crew to close the house in has to be available.
and finally, the home itself has to be on site and ready.


All of these have to arrange to happen on the same day, at the same time, which isn't as easy as it sounds.

[Carol]

Thanks for you advice.

The basement is in and has been ready for 3 weeks, inspection is not necessary as we live in a state/township that does not have an inspector (although it does meet code). The weather has been good for the last 8 days so mud isn't an issue and road weigh limits aren't either. Getting the house there doesn't seem to be an issue as the dealer keeps telling us they are available when he needs them (I believe they are actually employed by him and they do the whole transport, set and seal as far as I know. So that leaves the crane,he told us last night that the crane he normally uses is not big enough for the house and he would have to get one from a city futher away.

I guess the wait isn't the issue, it's the lies and how his story keeps changing. For example. He told my husband on Friday that the interior was prepared for the move and ready to go (remember this is a model home that was set up on his lot for showing). When my husband went to check it out - nothing had been done. I realize this may his attempt to pacify us, but the truth might work better. A simple "the crane is unavailable" would be better than us catching him in lies all the time.

So...the question is, how long is long enough. I don't feel that two weeks is outrageous but when do we stop waiting and listening to his lies and take further action? 4 weeks, 6 weeks, 6 months?? My other fear is that we might get the same treatment when it comes to the interior of the house - fixing dry wall cracks, ect!!! Any opinion on this would be appreciated.

Who knows, maybe I'll go there today and there will be my house!!!!

[rmurray]

Hope so...I am with Mark...coodination of all of the factors..especially on a fully set model can take a while...

The inspection of the foundation Mark was talking about is the dealer...to be sure the foundation is exactly to the specs required for this home..This should have been done long ago..

How about finance????????/...It would be odd indeed to set a modular home with no construction loan or current appraisal..An appraisal..and credit approval in Jan would be useless now..this would all have to be done again..this would take more than 3 weeks..

[Carol]

Appraisal is done, construction loan is done. Not a financing issue and not an inspection issure as he inspected the basement for the first promised date of delivery (10/25) and it was ready to go.

Bottomline is that there is nothing left on our part, other than to have the house delivered and finished and to write him a check for the house and service of delivery and set up.

Oh and by the way, it's not coming today - he called and said they were setting one in another town 8(

So again, I ask how long is long enough? Any suggestions?

[rmurray]

It is noce to hear that there is a dealer with more business than he can handle...BUT...seems you were in line first...

Since he is not paid...i doubt the delay has anything to do with him being a crook...It does seem that you have done all required of you..

I would suggest one more...eye ball to eye ball meeting with the owner of this store..ask for details..ask about a specific schedule...remind him you permantnet finance rates are fixed..but not forever..that you will expect him to suffer any losses you have because of delays beyond the schedule he has promised...

Sorry for your problem..Good Luck

[Carol]

Yesterday I spoke with a couple who has expereinced the same thing with this dealer. They were promised thier home in 30 days. That was March of this year and in August they finally got the house, but have been fighting to have it finished ever since. Two weeks ago they finally told this guy never to come back. In March they gave him $14,000 down payment, they hired him as a general contractor and the saga began. Daily lies and unanswered phone calls. The gave him $40,000 more and when nothing progressed they hired the subcontractors themselves. Ended up paying several of the bills a second time. This is an elderly couple and this was thier retierement home.

Then in causaul conversation I found out that a coworker of ours has dealth with him and her opinion of him is that he is a liar and a crook.

We've retained a lawyer, who has given him 10 additional days to deliver the house or return the down payment. I have a feeling we'll see neither. Mean while, we are looking at modular home and will most likely order one to go on our foundation.

IF you are considering a modular home and will be dealing with a dealer from Wisconisn Rapids, WI - STOP, email me first so that I can give the name of this man and save you can thru someone else. Also, if you talk to a dealer and get that gut feeling to go somewhere else - go with it!!!! It might be well worth driving an extra 50 miles.

[Mark]

Dunno.. buying a home, especially a modular, is not a fast process. You could get your basic double wide in probably 2 weeks depending on the dealers setup crew schedule.. Modulars are different and are much more like constructing a home on site. Your area may not require inspections (you must live in the boonies). My foundation alone was inspected about 4 times by two or three different inspectors (FHA and County for sure), septic, electrical, mechanical, plumbing, all had to be inspected by the county.. the home itself got inspected several times through the process both by the county and FHA (because I used and FHA loan)..

I started buying in late november of 2003, and moved in August 1, 2004.
I too am still waiting for the final finish work to be done, I think it's taking too long, but I also understand everyone is very busy now since Ivan (the news is reporting roof repairs may take several months just to get estimates, plus 2 years or more to actually be fixed).

In the meantime, none of what I need done would be considered major.. windows that aren't square, and outlet behind the stove doesn't work, a staple under the tile in the kitchen.. stuff like that. All annoyances (especially on a $100k home), but nothing that makes the home unlivable.

[Carol]

Just to clarify...all inspections are done. Everything is ready, the delays are not because of inspections, they are not because we do not have the financing, they are not because of any unfinished work. We live in central Wisconsin, which allows individual townships to set zoning laws. We've met all the conditions, we have a mound system (which was inspected), a well (drilled and inspected) and basement (inspected) all complete, sitting in the middle of our lot, just waiting for a house. All this dealer has to do is bring and set the home - that is his only part of the whole process.

I know that all good things take time. I also know that we need to protect ourselves from what could be a very bad situation. It now appears that this guy has no money to return our down payment, nor enough to clear the lien he has on the house he sold us (even when we pay him the remainder of what we owe him). I guess time will tell how it all works out. Yesterday I went to a different home dealer when he asked me the circimstances of our situation, I told him and didn't have to mention the name of the dirtball - he knew who it was, just from what I told him. He said over the summer he had a couple call asking him to take over thier project because thier money had been taken and they got nothing. Sad.

I know there are many good, honest sales people out there. This guy is a scumball and it's unfortunate for the modular home scene, but I guess that every industry has them. I have nothing but admiration and respect for those that run clean and honest businesses. I realize that it's our faults that we didn't check into this man reputation and look out for ourselves. I will accept responsiblity for that, but that does not give him license to rip people off and do what he is doing.

I guess the morale of the story is to really check out who you are working with, get references and protect yourself and your investment.

[rmurray]

Sounds like you need some legal help soon....This guy should be able to pay his liens from your loan proceeds..often title companies pay off dealer liens directly to be sure they are paid..

I was a little afraid of this when I saw you were buying a modular home for 70K..delivered...this seems a little low for any modular...unless this home is very small...

Or is this a manufactured home????....

Most states have some sort of bonding requirement for dealers of manufactured homes and also for those with contractor licenses to build modular homes...These bonds are specifically for unfulfilled contracts..situations like yours...you would need local legal advice as to the way to make a claim...Check with the license authorities in your area...check with attorneys in your area...