another question

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Kelly Smart

another question

Post by Kelly Smart » Fri Apr 08, 2005 2:58 pm

Another question I have is the Franklin rep said the reason the dealer was pushing so hard for us to move in is that until we move into the house the dealer is responsible for it eventhough it is on our land. Is this true? We financed the home with the bank and we have made our 6th house payment. The dealer was paid in full in Nov. I think it would take between 5k - 10k to fix the stuff in this house. This is a 90k house. At what point is there a price reduction/reimbursment and that money is used to repair the house.Can the state make a decision on this sort of thing. Call me hard headed but I don't want to put that kind of money into the house and HOPE I could get back in court( which probably would take years to ever come about) this is not a small claims court case.
I know this is a complicated issue and I appreciate everybody giving the advice you have. I know ultimately I have a fight on my hands and I am just trying to get as much information from you guys as I can.
Thanks!

Mark Bower

Re: another question

Post by Mark Bower » Fri Apr 08, 2005 5:12 pm

If your making the loan payments, apparently you took possession of it and authorized payment to the dealer. This could drag on for a long time. I would fix the house and move in. So the house costs you $100,000 in stead of $90,000. The house is yours.

I haven't heard that you've sought council from an attorney. Many attorneys have a free original consulation. I would consult one and if he says don't move in -- then don't. Otherwise the house is yours as your making payments on it. Move in and then sue the dealership. Suing the dealership could take months -- and your getting nothing in return for your payments because you aren't living in the house. Right now that $10,000 to do the repairs is quickly growing into $20,000 with all your added expenses. Maybe you'll see $10,000 in court -- but $20,000 will be a lot harder. Of course you could win $50,000 but if the dealer doesn't have any money or assets, you could still see nothing.

We're these the cheapest dealers on the block? As you know now, in the end cheap dealers end up costing more.

Go see an attorney, and post back as to what he says. If you can afford a $90,000 house, you can afford an attorney. At this point, it's dumb not to consult one.

Mark

Kelly Smart

Re: another question

Post by Kelly Smart » Tue Apr 12, 2005 9:06 pm

What type of attorney is going to specialize in this? Is this breach of contract?
We have filed our papers with the state. They told us that they can only enforce the things they have a code for. My husband called the dealer today to let him know we sent a check for the concrete and asked when we could expect to get our air conditioner and the dealer said when we sign off on the house then he will get us an AC. Of course my husband told him we wont sign off on the house until its fixed and the dealer hung up on him.
As far as the dealer being the cheapest, he was in the middle. We actually went with him because he didnt just talk down about the other houses on the market to try and get us to buy from him. We really liked the house and He has owned the business for a long time and he seemed to be a man of his word. I mean a person who has a religious themed business card, and closes early on Wed. so they can go to church, you would think would not just do you so wrong.

Kelly Smart

Re: another question

Post by Kelly Smart » Sat Apr 16, 2005 3:26 pm

What type of attorney is going to specialize in this? Is this breach of contract?
We have filed our papers with the state. They told us that they can only enforce the things they have a code for. My husband called the dealer today to let him know we sent a check for the concrete and asked when we could expect to get our air conditioner and the dealer said when we sign off on the house then he will get us an AC. Of course my husband told him we wont sign off on the house until its fixed and the dealer hung up on him.
As far as the dealer being the cheapest, he was in the middle. We actually went with him because he didnt just talk down about the other houses on the market to try and get us to buy from him. We really liked the house and He has owned the business for a long time and he seemed to be a man of his word. I mean a person who has a religious themed business card, and closes early on Wed. so they can go to church, you would think would not just do you so wrong.

Mark Bower

Re: another question

Post by Mark Bower » Sun Apr 17, 2005 12:25 am

I believe most any good attorney should be competent on handling contracts. With most attorneys, the initial consultation can be free. Maybe ask around to see who others recommend.

Mark
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