what kind of lawyer do i need to sue a mobile home seller for nondisclosure

by Jude Ortiz 5 min read

Can you sue a seller for not disclosing problem areas?

For example, if the seller patched over or hid problem areas, or if the neighbors have told you about the seller's efforts to deal with a problem, the evidence is on your side. And even if you're in one of the few states with no mandated seller disclosures, it might be possible, particularly in an egregious situation, to sue the seller for:

What to do if you have a complaint about a mobile home?

If you have any complaints about the performance of your mobile or manufactured home and neither the seller-dealer nor the manufacturer have resolved them satisfactorily, contact HUD or your state’s consumer agency. HUD also offers helpful consumer information for purchasing mobile homes.

How to sell a mobile home without breaking the lease?

Making certain the home is registered in your name with the state and local property tax authorities. Making sure the mobile home can stay on the land where it’s located, such as in a mobile home park or private property, or that you can move the home to another location without breaking a lease signed by the seller.

Is it legal to buy a mobile home without land?

Legally, purchasing a mobile home is similar to purchasing a manufactured (or “pre-fab”) house. But it's different, in many ways, from buying a standard home. In particular, a mobile home does not come with land. Instead, if you plan to stay in one place for an extended time, you must lease your place in a mobile home community.

What is seller negligent?

California law states that a seller who willfully or negligently fails their duty to the seller shall be liable for the amount of damages suffered by the buyer. The remedies California law offers for the buyer are: Damages. Specific performance (if the seller is forced to fix the error rather than pay money for it)

What disclosures are required by the seller?

Here are eight common real estate seller disclosures to be aware of, whether you're on the buyer's side or the seller's side.Death in the Home. ... Neighborhood Nuisances. ... Hazards. ... Homeowners' Association Information. ... Repairs. ... Water Damage. ... Missing Items. ... Other Possible Disclosures.

What happens if you buy a house and something is wrong?

If they forget or refuse, the sale is not valid. If a new home buyer discovers a material defect that the seller failed to disclose before the close of the sale, the law may give them the right to cancel the transaction.

What does failure to disclose mean?

'Failure to disclose' means as an act of a seller to refuse to provide or disclose essential information about a property to a buyer. What qualifies as essential information is any potential problem and material defect that could easily affect the value of the property being transacted.

What are the two main categories of disclosure?

There are two types of self-disclosure: verbal and nonverbal.

Which of the following best defines negligent misrepresentation?

This is an unintentional misstatement or omission. Negligence is defined as the failure to use ordinary or reasonable care in a situation. So negligent misrepresentation is usually the result of an agent giving information carelessly or failing to verify a fact before passing it to the buyer.

What would count as undisclosed defects?

They include wall cracks, sagging gutters, broken windows, missing tiles and the like. It is a Buyer's duty to acquaint himself with the general condition of a property on purchasing it and he cannot later claim he did not see such defects.

How long do you have to report faults after buying a house?

six yearsYou will in most cases have six years to bring a claim against the seller, which should be ample time for any problems which are going to come about to emerge.

How long do you have to complain after buying a house?

Buyers usually have a six-year window in which to bring the claim. In some circumstances, the timeframe may be three years from the date the buyer becomes aware of the problem. Regardless, we recommend you seek independent legal advice if you think your seller may have misled you.

Is failure to disclose illegal?

If a seller fails to disclose, or actively conceals, problems that affect the value of the property; they are violating the law, and may be subject to a lawsuit for recovery of damages based on claims of fraud and deceit, misrepresentation and/or breach of contract.

Do I have to disclose a past problem with my house if it's been repaired in Texas?

Do you have to disclose foundation repair when selling a house? Yes. In Texas, the official TREC Seller's Disclosure form asks if you are aware of “Previous Structural or Roof Repair.” Foundation repair falls under structural repairs.

What happens when an agent intentionally fails to reveal a material fact?

When a seller fails to disclose a material fact, they may be subject to liability for nondisclosure since the conduct amounts to a representation of the nonexistence of the facts they have failed to disclose.