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Can the Seller of a Mobile Home be sued for selling an unsafe home and lying (verb.) after signing a contract? Is there a case?

Santa Ana, CA |

Can we get reimbursed back for money spent and going to spend? Can we recoup money for health issues?
We bought our current/first Mobile Home (referred by a close family-friend) from a seller who informed us (verbally) that he took care of killing all termites (shouldn’t be any), fixed everything in the home (like brand new), and shouldn’t be anything wrong with the Mobile Home. We signed a contract with “Sales As Is”. We didn’t really do our research before buying the Mobile Home, which was stupid.
We’ve already spent thousands of dollars fixing this Mobile Home. After moving in we had termites, so we paid for fumigation. Then we had roof leakage, so we fixed it. Now, we have mold in the flooring/walls, the flooring is so bad that it’s disintegrating, and my mom’s having health problems.

I HOPE THIS HELPS IN ANSWERING MY QUESTIONS. I finally came home and found the 1 page contract that was signed. In exact words (names hidden for privacy purposes and please excuse the grammar and spellings {it wasn't written by me}): "SALES CONTRACT. This contract was made between SELLER as a seller and A and B as buyers. A 1981 Golden West Mobile Home 24 x 48' located at ADDRESS. As is. - The selling price is $ - The deposit is $ was made today, DATE - The balance is $ will be made immediately as soon as the title of the mobile home will be transfered to the buyer at H.C.D office - Buyer will be responsible for signing the lease with the park and paying the security deposit as well as the rent but no sooner than DATE. Another words, seller is still responsible to pay the rent of DATE. Made in CITY, STATE"

Attorney Answers 3


  1. The words "as is" mean the buyer assumed all risks, including termites, bad roof,bad floor, mold, etc., and you probably both took their word for it, got no disclosures or warranties in writing, and failed to do any of your own inspections to verify if what you were told was true.

    If all that's true, you have no case for anything, just hopefully a lesson, if an expensive one. If that's not true and your contract provides disclosures, warranties, some other grouds for a suit, or you're not sure what your conytract says, then see a lawyer.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


  2. You bought the home 'as is' without due diligence to have it inspected etc. and now have incurred the costs of repair. Take your contract to Small Claims Court unless the total amount you want reimbursement for exceeds the Small Claims limit - in which case you should look on Avvo.com for a Litigation Attorney in Santa Ana or Irvine and review the contract and costs with him or her to sort out your best options moving forward. Good Luck!


  3. You need to have an attorney analyze your contract and the communications that took place leading to entering into the contract.

    THIS RESPONSE IS MADE AVAILABLE FOR EDUCATIONAL PURPOSES ONLY IN ORDER TO GIVE YOU GENERAL INFORMATION AND A GENERAL UNDERSTANDING OF THE LAW, NOT TO PROVIDE SPECIFIC LEGAL ADVICE AND BY USING THIS RESPONSE AND/OR OTHER COMMUNICATIONS AS A RESULT OF THIS RESPONSE, YOU UNDERSTAND THAT THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND THE AUTHOR OF THIS RESPONSE. IT IS CRITICAL THAT THIS RESPONSE SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT LEGAL ADVICE FROM A LICENSED, PROFESSIONAL ATTORNEY IN YOUR STATE. MOREOVER, THE RESPONSES BY THIS ATTORNEY TO QUESTIONS PRESENTED THROUGH AVVO CANNOT BE RELIED UPON BECAUSE THE CIRCUMSTANCES SURROUNDING THE LEGAL ISSUE MUST BE FULLY DISCUSSED, REVIEWED, AND ANALYZED, INCLUDING BUT NOT LIMITED TO REVIEWING, RESEARCHING, AND ANALYZING ALL OF THE RELEVANT DOCUMENTS THAT SURROUND THE LEGAL ISSUE.

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