Manufactured Homes - Good, bad, ugly?

[Okiewan]

They sent someone out to fix the problem. My sister said its not a one day fix. The guy showed up and said they've never seen a house in this bad of shape. Guess some higher ups are suppose to come out and inspect it. Sister wants a new house cause they would have to gut most of this one to access the connection joints and pull all the windows.

Pass along our well wishes with the outcome. Keep us up to date?

 

[thorman75]

Hey Treejumper remember this and tell your sister, that by law if they come out and fix it fine, but when she ever decides to sell she must disclose EVERYTHING that she knows about that house.So who's gonna want to buy it?

 

[knowiam]

Please think a little deeper about the situation.

Actually, You and I are not far apart here...I would advise against "dual agency" . However, as you know, the Agent has a fiduciary responsibility to both parties. I would advise using an agent [from a different company than the Listing agent] to represent you as the buyer.

And yes, it was ecoil - tested at least twice by the Health Department. The family went to the hospital over it and could suffer serious long term health issues.

There were animal parts put in the well by the prior owners of the house and the house was washed down with that water.

Wow... Sounds like the Health Dept. should explain why they signed off on a well that they never inspected. Why would any Listing Broker "knowingly" sell a home with a contaminated well? Why would anyone put animal parts in a well?
[

QUOTE]The Health department said that they tested the water, but the evidence is that they didn't.

In that case, we'd sue the seller and the agent/company - but the seller didn't have much money, so the agent/company would probably bear the brunt of the suit.

We probably wouldn't sue the health dept because we need their testimony to prove the case.

Here is where you and I could not be farther apart... where is the justice in that scenario? Shameful.

If the Health Department gave the water source a documented clean bill of health, why would the Broker be culpable for a fraudulent and inaccurate Government endorsement?

<the sound of Ken hyperventilating into a paper bag>

Perhaps this would be better suited for discussion around a fire, on lawn chairs and a couple of cold sodas.... Dirtweek perhaps?

Anyway, Hope you find the perfect home for you and your family...buying that first house is an exciting time, enjoy!
Bye the way...that home you posted photos of looks great!

Ken

 

[Patman]

Hey Treejumper remember this and tell your sister, that by law if they come out and fix it fine, but when she ever decides to sell she must disclose EVERYTHING that she knows about that house.So who's gonna want to buy it?

thorman that's only if they use a realitor for the transaction ;) Otherwise buyer beware.

Hopefully Rob you can learn from the many experiences available to you in this thread. There is a lot of very good information and experiences being presented that would indicate that hiring people that are well versed in the various areas of home buying, inspection and mortages should make the transaction smoother and safer but obviously isn't 100%.

 

[thorman75]

You are absolutely right and thats whats going on with my old house right now. We turned the house back over to Countrywide they sold it to a rehab joint, blue diamond realty. they pulled all the carpet sprayed the walls with bleach and repainted. My old neighbor a fellow dirt biker says they are telling perspective buyers "they dont know whats wrong with it". But all my old neighbors made a pact if they see anyone looking at the house they stop and tell them the truth.Before someone else gets it.....

 

[robwbright]

Perhaps this would be better suited for discussion around a fire, on lawn chairs and a couple of cold sodas.... Dirtweek perhaps?

Exactly - it's a little difficult to explain the entire situation on paper - but I'll try again.

Needless to say, politics comes into play whenever a suit involves a government agency, especially in a small town. If you sue the local Health Dept, then they are unlikely to ever help you in a case again. Right or wrong, it's just the way things are. It's a sad commentary on the system, but an attorney can quickly find himself out of witnesses if he sues too many people. We recently didn't sue a Doc because he was a witness for us in a case which is not yet finished. If we sued him now, it wouldn't be surprising for him to change his testimony in the other case. An anyway, there are plenty of other attorneys to take the case we turned down.

For similar reasons, it's very difficult to sue a doctor and win - in many cases it's almost impossible to get one doctor to state in writing that another doctor committed malpractice - and you HAVE to get that before you can even file suit.

Plus, you've got the whole issue of sovereign immunity - in many cases, you cannot sue a government agency and win because the fed/state/county agencies make themselves immune from suit regardless of how bad they screwed up. Sad, but true. Of course, it's understandable - if the government were sude and lost everytime it screwed up, it would go bankrupt.

Also, perhaps I didn't mention the connection that the realtor owned the property shortly before the sale - and therefore should have known of the problem themselves.

And finally, whether it's your opinion that it is "just" or not, the realtor made the choice to try and represent both parties under a dual agency contract. An attorney would be disbarred for even attempting to represent both parties in a dispute.

The agent's liability arises solely out of the contractual language of the dual agency contract. The agent CHOSE to make herself liable under that contract - whether or not you think it's "just". The contract says what it says. If the realtor had not signed that dual agency contract, there would have been zero liability on the agent and it is unlikely that any attorney would have taken the case on a contingent fee because there was no "deep pocket" to collect from.

I'd say the agent will have learned a valuable lesson by the time this is over - don't try to represent people with conflicting interests!

And I've tried to comment on things I didn't understand before (see my first year here and my comments on 4 strokes). ;)

Similarly, lots of people like to try and analyze legal cases when they only know a small part of the facts/law - this is what leads to all the discussions about "frivolous lawsuits". The truth is, I've only come across one frivolous lawsuit in the two years I've been working at our office - and its against our client.

If you want to find out why medical care costs so much, talk to the welfare and insurance systems. A blood test my wife recently had costs the normal person $360.00. It cost me $16.00 because I know and represent a doctor - and the lab made a profit at $16.00! So every time a blood test is given in this country, the welfare/ins system rakes in approximately 2000-2500% profit.

Imagine what it's like on other stuff.

 

[knowiam]

If you sue the local Health Dept, then they are unlikely to ever help you in a case again. Right or wrong, it's just the way things are. It's a sad commentary on the system, but an attorney can quickly find himself out of witnesses if he sues too many people.

I agree with you again, Rob! It is a sad commentary on a civil system devoid of Justice [or at least good sense]. You have illustrated the goal being to "tap" into money [now and the future] not to do what is right. How many people can one sue before it is "too many"?

...the realtor made the choice to try and represent both parties under a dual agency contract. An attorney would be disbarred for even attempting to represent both parties in a dispute.

The difference is that Dual Agency is legal.

I'd say the agent will have learned a valuable lesson by the time this is over - don't try to represent people with conflicting interests!

It will be interesting to hear "who" gets "schooled" in this case. I have a professional interest in knowing the outcome...Please let me know how it turns out. :laugh:

And I've tried to comment on things I didn't understand before (see my first year here and my comments on 4 strokes). ;)

I looked for those threads that you refer... couldn't find them right away. [insert a Forest Gump accent here] "I may not be a smart man, Rob...but I do know what a powerband is." :rotfl:
I have not spoken out of school by commenting on real estate transactions or real estate law [at least not as it pertains to the state of CA.] ;)

[all cage rattlin' and chain pullin' aside]

Are you going to purchase that great house you set the link to? I thought it looked really good.

Ken

 

[Patman]

I guess another part ot the duel agency is that both party know and accept or disallow it before it happens. Is it smart to allow it? Heck no! Yet some folks feel the little bit of $$ they will save by the agent taking less of a cut makes the risk worth it. Lots of things are legal yet still stupid.

 

[SPD]

The thing in ohio is RESALE. Most of the banks will not give a loan on a used modular. We were going to buy one from Palm Harbor then got to checking aroundand found out about the resale. Also check the zoning laws if your going new. They will tell you that they can put them anywhere.Wrong. We bought some property north of columbus and there were deed restrictions. One of them was no home brought in on wheels. That ment no trailers and no modulars(brought in on a truck).

 

[Treejumper]

Pass along our well wishes with the outcome. Keep us up to date?

Well they fixed the house for now. Gutted most of the interior drywall and found out that the assemblers didnt install the steel plates that holds the upstairs to the downstairs on the inside of the house. This allowed the 4 halves to shift enough to split the drywall. So a week later it looks new again but for how long.

 

[Jaybird]

Location, location, location!
It all boils down to location.
And when you have the best house in the neighborhood, there comes with that reponsibilities.
Responsibilities such as keeping your yard in the best shape...and always keeping your neighbors jeolous.
And although you may be the envy of the holler, you must never forget that you are also an ambassador of good will and hope for the future.
It's good to be king! :aj:

 

[whenfoxforks-ruled]

Exactly WHAT type of piers are those?I hope them blocks are wrapping I beams.Toilet flushes good!

 

[Jaybird]

We dun need no stinkin I-beams!
Besides, we can barely feel the house sway when the coal train passes by.

 

[knowiam]

Exactly WHAT type of piers are those?!

Legos :rotfl: ...
Ken

 

[Solid State]

I have been hearing that the toxic mold issue may really be a bunch of litigic nonsense. In some cases you can just bleach it and be done with it. Is that true?

 

[whenfoxforks-ruled]

Bleach kills all,dilluted sure takes care of mold in caulk. Some fool sticks a bathroom vent up in the attic,with no ventilation,or sewage back up and it needs to be removed.Bleach,tsp and kilnz(?) with oil(no latex),and start over. New insulation,drywall,doors and trim, yes it could have been done properly and been cheaper in the long run, and yet it is still going on.