Full Answer
Yes, you should hire an experienced landlord tenant lawyers to help with any mobile home issues. Regulations for mobile homes vary from jurisdiction to jurisdiction and may even differ in the same city or county.
Home Defects: Sue the Seller, Agent, or Property Inspector? If your home came with unhappy surprises like leaks, cracks, broken mechanical systems, or other defects, the financial responsibility might not be yours alone. Please answer a few questions to help us match you with attorneys in your area.
Mobile home laws can vary from state to state and even city to city. These regulations may even vary within one city. For example, a city can have certain zoning ordinances that only permit mobile homes to be located in specified areas, such as mobile home parks. The number of mobile homes allowed in one area may also be restricted.
What Kind of Lawyer Do I Need to Sue a Contractor? The moment you sign a contract with someone, you are in fact entering into a business agreement with them. Thus, the most common type of lawyer used to sue a contractor is a business law attorney.
In theory, the inspector should have spotted problems that the seller wasn't aware of, or was turning a blind eye to. If the inspector missed problems that an expert (a professional peer) should have noticed, the inspector might be on the hook; that is, legally liable.
You probably knew when you bought the house that it wasn't in perfect condition. Some problems, such as a crack in the front walk, might have been obvious. Others, such as aging plumbing, the seller might have told you about in the course of the sale. (In most states, laws require home sellers to disclose all "material" defects to prospective buyers.)
Some attorneys will take this type of case on a contingency basis, meaning you don't pay a fee upfront but pay a large percentage (30-40%) of the damage award. You might still be responsible for paying court costs and other fees, plus expenses such as the attorney's phone calls and postage.
In legalese, you could potentially sue someone based on any of the following principles, or some combination of them: failure to disclose (according to your state's statute) negligence. fraud. breach of contract. breach of warranty, or. negligent misrepresentation.
Such problems can come to light days, weeks, or years after the sale, leaving you angry and wondering whether you really have to shoulder the entire financial burden. In such cases, you might actually be able to ask the responsible person to pitch in, and take the matter to court if they don't.
Where to Sue Over Home Defects. Your main options for actually filing a lawsuit include: small claims court, if the damages are under a certain limit, or. state court . Filing in small claims court allows you to proceed with your case without a lot of the expensive administrative hassles of a "regular" lawsuit.
The seller couldn't have hidden problems that didn't exist during the period of ownership. Again, problems that started post-purchase or that are a natural result of the home's aging or your lapses in maintenance are yours to deal with. Of course, determining when a problem started can get complicated.
A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.
Fundamental Breach – The same as a material breach, but generally includes much more serious fallout. For example, a contractor who works on a roof incompetently might leave it in disrepair, resulting in leaks and thousands of dollars worth of water damage.
Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely.
False promises, such as promising to complete a job with an expensive material, yet sneakily using a cheaper product. For example, a contractor may promise to install an expensive Egyptian wool carpet, yet install a cheaper counterfeit version without the homeowner’s permission.
This is because most contractual law involves the same assumed rights and responsibilities. The most common scenarios involve a contractor who: Fails to complete a job at all. Fails to complete a job by a deadline.
Defective work is any work that puts the home, the project, the homeowner, or the people who enjoy the results at risk in some way. This may lower the home’s overall value, put the client’s life at risk, or even create an environment that encourages dangerous accidents and/or structural failures.
By very definition, contractors work on a contractual basis. This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000. Or, a home renovation specialist might ...
For example, if the landlord breaches the rental agreement with a tenant by raising rent prices in an illegal manner, the tenant may be able to sue the landlord for damages.
A mobile home park lease contract may contain information or terms including: Who is permitted to have their mobile home in the park; How many individuals can reside in the mobile home; What types of activities are prohibited or allowed in the mobile home park; How to contact the landlord in the event of an issue or a dispute;
It is common for mobile home owners to reside in specifically designated areas, often known as mobile home parks. These parks allow the owners to place their home on a lot and connect to utilities including water and electricity. The mobile home park and the mobile home owner will enter into a landlord-tenant agreement through a lease contract.
If a landlord commits a violation that breaks any criminal law, they may face criminal consequences. For example, if a landlord knowingly permits illegal activity on the mobile home park premises, such as drug dealing or manufacturing, they may be charged with a crime.
Rules for residing in the mobile home park; Restrictions regarding visitors to the mobile home or park; or. Any other necessary terms. It is important to remember that the mobile home itself belongs to the mobile home owner. Therefore, while mobile home owner rights may include determining what occurs in their own home as well as a right ...
There may be special standards for the mobile homes in these areas. These regulations are in place for reasons such as fire prevention and sanitation. In some areas, a mobile home may require a registration, similar to a vehicle.
Travel trailers are not considered mobile homes because they are not made for living in year round. It is common for mobile homes to be located together in designated areas, neighborhoods, or areas of a city. Mobile homes can be found anywhere.
If the amount in dispute is simply too much to walk away from, however, then litigation might be the best option. There are a number of legal causes of action that you might be able to assert against the seller, seller's agent, or home inspector: failure to disclose a defect (according to your state's statute)
Ordinarily, only home defects that are material and that the buyer didn't know about, but which the seller did at the time of sale, will allow a buyer to recover from the seller. That means, of course, that most defects you might find within a home will not make the seller legally liable to you.
Nearly all 50 states have laws requiring sellers to advise buyers of certain known, material defects in the property, typically by filling out a standard disclosure form before the sale is completed. Depending on the jurisdiction, this responsibility can override an "as is" clause contained within a purchase contract.
There could be situations where not even the seller knew about the defect. If, for example, an underground septic tank or sewage line was leaking, and the seller knew nothing about it (and therefore did not disclose it to you), you cannot sue over it.
If you believe that you have discovered a material defect that the seller never disclosed to you prior to the sale of the home, there are three potentially responsible parties, each of whom may have some portion of the liability: The seller.
Others, such as aging plumbing, the seller might have disclosed to you in the course of the sale, most likely through written disclosure forms (as are required in most U.S. states). In either case, if you knew or should have known about a defect, and chose to buy the home anyway, a court will not allow you to sue the seller.
Hopefully, you got a home inspection before buying your home. Usually, home inspectors provide a full evaluation of the home's condition prior to closing. In theory, the inspector should have spotted problems that the seller perhaps never knew.
You should contact an attorney who is experienced in handling contract and consumer fraud matter. There are specific regulations that govern home improvement contractors. If a home improvement contractor violates these regulations or otherwise engages in fraudulent conduct, you may be entitled to treble (i.e.
Hillsdale is located in Bergen County. Nonetheless I can recommend an attorney in Summit, NJ named Andrew Smith, whose telephone number is 973-206-1725. Good luck...
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only.
A general litigation lawyer should suffice as along he/she is knowledgeable in Consumer Fraud's/Contract and treble damages.
The goal is to find the person responsible for the defect in your property . After you determine who is responsible, you can bring a legal claim. These usually involve: Negligence. Breach of contract. Breach of warranty. Strict liability. (In some cases) fraud or negligent misrepresentation.
For example, if a developer doesn't have the proper degree or license to do their job correctly, but a company hires them anyway and puts them on a job, the company can be held negligent for damage the developer causes. The duty of care is extended to anyone who could be hurt by the construction defect.
The " implied warranty of habitability " puts strict liability, or responsibility, on the general contractor. In a strict liability case, the property owner does not have to prove the general contractor or developer was negligent in the construction of the new home.
An example is a warranty saying a washing machine will work for five years. If the washer breaks after three years, then the company needs to uphold their warranty. Often, this means replacing the broken item for free.
If the builder made an effort to complete the contract, but didn't meet all requirements, the court will consider the contract complete. But the homeowner will not be required to pay the full contract price.
Home construction defects are problems or mistakes you find in the work done on your home, including issues with the workmanship, design, materials, engineering, and more. The typical construction defect case is based on contracts between: The homeowner and developer. The homeowner and the contractor or subcontractors.
Owning a home is a big responsibility. There are always ongoing maintenance concerns and high costs. The last thing you need to worry about is a construction defect caused by someone else's mistake. If you believe a defect in your home is the result of someone's carelessness, you may want to file a claim.
Whenever you are planning to pursue compensation in the civil courts, it may help to have a lawyer on your side who has treaded similar waters before. When you are planning to sue a funeral home for negligence, it may be a good idea to use the services of a funeral home negligence lawyer.
When you choose to routinely handle the remains of somebody’s recently-deceased loved one, you are in one of the most sensitive professions that there are. Negligence in this capacity can be especially painful to the victims.
The nature of the negligence that befell your family may impact any awards granted to you by a jury or via a settlement. In funeral home abuse cases, possible awards include coverage for:
The Law Offices of Wolf & Pravato represent victims in funeral home negligence cases in South Florida. We can provide you responsive and caring representation during this difficult time.