John,
You started inside the box and then climbed out; only it appears that you didn’t look back to see where you came from.
You wrote: “An automobile has to meet certain standards or the manufacturer is liable and the same is true for a MH”.
Just before this you wrote: “your point is that the manufacturer is the one responsible for every aspect of the home [which is not the case]. To use your analogy of [the car without brakes], it is the dealers responsibility to correct the problem under the [manufacturers warranty].”
First, let’s get [new] back into the picture, things can get real confusing when this important distinction is allowed to slip out of the picture.
Even though you are still don’t have both feet on the base, I’ll give you that it is the dealer’s responsibility to correct the problem [under the manufacturer’s warranty].
Whose defective product is the dealer correcting?
If it's not the manufacturer's reponsiblity, then why is the defect being corrected under the manufacturer's warranty.
Who trained the auto dealer service personnel to correct the performance defect in the manufacturer automobile?
Who does [the manufacturer’s warranty repair work] on the manufacturer’s product, Joe Blow's service center or a [factory authorized] service center and why?
Who collects data on the factory authorized dealer service and periodically audits their work and records for discrepancies?
Who rates each dealership’s service based on the data they collect and publicizes it in an easy to understand format? It’s the 3 star, 4 star, 5 star service rating deal, reflect back and try to remember when the last time it was that you saw a 1 or 2 star service rating.
Who takes corrective action to remedy poor performing factory authorized service centers (1 or 2 stars)?
John, I can tell you are a good guy and I can tell your avid fan and defender of this product, but dude, you have to stop and think about what you’re saying. Even if you have the necessary credentials or hire someone that does, to counter their expert's credentials (the battle of the experts), you can’t look at this product on the surface and know whether it was designed and assembled in accordance with the MHCSS. It is my opinion, 26 years of history provides sufficient evidence to tell us that the government can’t do it, the retailer can’t do it, the installer can’t do it, and the homebuyer sure as hell can’t do it. It's simply not going to happen no matter what tricks or illusions are tried until the manufacturer is held accountable for every aspect of their product's performance. No legitimate manufacturing quality assurance program pretendes that the performance of their product once it has left the factory is of no matter to them. The way legitimate manufacturing operations reach out from the factory to monitor the performance of their product is to extend their quality program out to where their customers are, which for liability reasons, the manufacturers of this product refuse to do, just as the case was in 1974 when the NMHCSS Act was passed with the intent of forcing them out of the factory to where their customers were at.
As for escrow, unbelievably, if you pay close attention to the Martian writing in your closing papers, you have no authority to dictate the conditions for the disbursement of your escrow funds, no matter what you are told to the contrary. Your assertion that you would hold back payment if it wasn’t right [in your opinion] is one of the main reasons you will not be given the level of control that your seeking. They simply don’t care about your opinion, you accepted it when you closed on the home, which you did before the home was built. You’ll be the luckiest man in the world and the only man in the world if you find a dealer or manufacturer that will assume the financial risk of building and completing you a home on [your] property without closing on the loan before hand.
Inspectors, where are you going to find an inspector with particular expertise in manufactured housing that does not depend on the members of this industry for their referral to keep them in business? Someone without specialized expertise in the area of manufactured home design and construction will not win a battle against their experts.
As for amending the contract, you have to remember that they are under no obligation to accept your terms and if they don’t like your terms, you’re not going to get a new home, but nevertheless, it certainly doesn't hurt to try.
John, your probably better prepared than most, but by no means are you better prepared at this point than I was and I still got taken, so hold your breath dude and hope that your luck is better than mine was because without a manufacturer quality assurance programs that encompasses the home site, luck of the draw is all there is.
Take care,
John Taylor
Wow! I went to a site that I saw recommended on here....sm
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