Is it legal for a mobile home park in the state of Florida to sell a mobile home without having a title?

Asked about 1 year ago - Fort Pierce, FL

I bought a mobile home in a mobile home park in Feb of 2013 for $7,500.00 plus $500.00 security. I paid by cashiers check, and was told that if they didn't have the title within 30 days, that they would buy it back from me. It is now July, and now they are saying that it will be another 3 - 4 weeks before they have it, and I have the option of proceeding with the sale or not. If I say no, then they say that I am defaulting on the agreement, which is a 12 month lot agreement, and not get my money back. In the mean time, they say that they own it, and if anything happens to the mobile home and the contents, it's up to them to rebuild or not. Can I say no to the title, give them the remaining owed on the 12 month lease agreement, and get my $8,000.00 back? The mobile home park is in Fort Pierce, FL.

Attorney answers (2)

  1. Stephen Ross Verbit

    Pro

    Contributor Level 13

    Answered . A lawyer would need to sit with you and review all the documents relating to this transaction in order to properly advise you. You have too much "they say" and not enough "I know." You need a lawyer to advise you so you know the truth about your situation (so that you don't fall for any misimpressions "they" may try to create) and then make an informed decision concerning what to do about it. You do not have to be at their mercy and it is worth what it will cost you to have someone advocate on your behalf in an effective way.

  2. Daniel Joseph Shamy

    Pro

    Contributor Level 11

    Answered . Sounds to me that you have two contracts in this mess. One for the purchase of the vehicle and one of the lot, which is what I understand you to refer to with your comment about a 12 month lot agreement. One answer I can give you for certain, never pay the opposing party in full for a purchase of an asset that has a title without having that title transferred at the closing table.

    As it is now, they are sitting on your money, and you have no title. As to whether or not you will be in default of the lot agreement, I cannot say, because as my colleague stated, you need to review the contract agreements for both the lot and the purchase to understand what remedies and obligations you have to this transaction. Based on what you include in your inquiry, they are in default of the purchase agreement, and you have a right to a refund. However, you are in a pickle because they have your money, the vehicle, the title and you locked down on a 12 month lot agreement.

    It sounds to me that if this remains unresolved, which will be likely, you will need to retain counsel. Not only to perfect your rights to that asset by filing for specific performance or a breach of contract with the Court, but also to protect and defend you against a potential breach over the lot agreement. Moreover, any attorney would probably charge you on an hourly basis. Our firm would have to be retained on an hourly basis for this action. Contingency would not be an option here since there are claims for specific performance over assets, and a possible defense of a breach of this lot agreement.

    If you are unable to acquire this title, you will need to seek counsel to assist.

    Please note that the response above is solely based on the information provided in the question, and limited to in... more

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