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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
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Experience:  Licensed attorney helping individuals and businesses.
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I live in Florida and purchased a mobile home from a company

Resolved Question:

I live in Florida and purchased a mobile home from a company who specializes in mobile home sales. A paragraph in the listing stated verbatim, "New double pane windows, roofover, C/HA, All new appliances, new gas stove, washer & dryer & New Screen Lanai make this an extra energy efficient home."

The first rainfall and the roof started leaking. I immediately called the agent to contact the seller (in Canada) to obtain the name & number of the company that installed the roofover expecting that since it was "new" it would still be under warranty. She called me back the next day and stated " the roofover is not new, I never said it was new". I informed her that it was stated in the listing to be new. She then stated that it must have been a "typo". When I confronted her (agent) and her broker with a text message
I received from her it also stated "new roofover". That's when all civil conversation stopped.

She said that I purchased the mobile home "AS IS" and they had no liability. I agree that I purchased the mobile home "AS IS" but my contention is that I purchased it as it was represented to me via the listing and via the text message I received. I have kept all text messages and of course the listing. All the other items in the above mentioned paragraph are new even though they did not all say "new" in front of them.

Because I purchased this "AS IS" do I have any recourse?

I obtained three estimates from roofover contractors who state the roof is approximately 25yrs old and needs to be replaced.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 1 year ago.

Infolawyer :

Hello,

Infolawyer :

Having purchased the item as is, you still have rights. Specifically, you may pursue a claim based on misrepresentation, fraud and unjust enrichment. This may be handled by a direct lawyer demand for payment and lawsuit respectively, working on commission fee basis. It may also be considered through threat and complaint to the BBB and attorney general office.

Infolawyer :

Is that clear and acceptable or may I clarify anything?

Customer:

Thank you. I initially gave the deadline before I filed a complaint with Florida Consumer Services....they have a complaint form online and will mediate for you. The cost of a new roofover is $5500.00 to $5800.00.....would it be best to use a lawyer or the Consumer Protection Service or BBB in your opinion.

Infolawyer :

Best to use a lawyer locally

Infolawyer :

with experience in consumer protection

Infolawyer :

who can negotiate and if needed, sue

Infolawyer :

this is not a small amount

Infolawyer :

and agencies tend to be slow and inefficient relative to courts

Infolawyer :

You can find local counsel through martindale.com if needed

Infolawyer :

and make sure its a contingency fee of no more than 33%

Customer:

Great...thanks so much for the help!

Infolawyer, Lawyer
Satisfied Customers: 51090
Experience: Licensed attorney helping individuals and businesses.
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