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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 18603
Experience:  B.A.; M.B.A.; J.D.
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Husband and I purchased a mobile home four weeks ago, must

Customer Question

Husband and I purchased a mobile home four weeks ago, must vacate over 55 condo renting on May 31st and mobile home inhabitable due to toxic mold. Bay Shore homes Sales stated we didn't need a lawyer because we were not purchasing a home it was like purchasing a car. What do we do, Husband exhausted his retirement funds to purchase this home 20K and I am disabled with no salary income. We don't know what we can do or if we can get our money back to be able to move somewhere safe for our health. Two estimates to correct the situation, one approximately 10,000 other 17,000. We need help.
Patti & Larry XXXXXX
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.
Hello Patti and Laryy: This isCustomer I am a licensed Attorney and I will be assisting you today.
Husband and I purchased a mobile home four weeks ago, must vacate over 55 condo renting on May 31st and mobile home inhabitable due to toxic mold. Bay Shore homes Sales stated we didn't need a lawyer because we were not purchasing a home it was like purchasing a car. What do we do, Husband exhausted his retirement funds to purchase this home 20K and I am disabled with no salary income. We don't know what we can do or if we can get our money back to be able to move somewhere safe for our health. Two estimates to correct the situation, one approximately 10,000 other 17,000. We need help.
Patti & Larry XXXXXX

Response: A Mobile home is not a car, it is a home. An Attorney should have been consulted before papers were signed. In any event, you should not be cleaning the mobile home because you are not certified to clean the toxic mold. It is very dangerous for you to have done so.
The seller of the mobile home must give you a new one. However, it appears from the way this transaction went previously that you are not going to be getting honest disclosure and a fair deal. So, it is strongly suggested that you obtain the services of a local Consumer Protection Attorney to assist you in forcing the seller to replace the home or refund your purchase price.
Most consumer Attorneys would take a case on contingent fee basis. This means that the Attorneys may not charge upfront for their fees and would only get paid if they win the cases for the consumers. Even then most Courts award Attorney fees to prevailing consumers. So, you may not have to pay out of pocket to obtain a consumer Attorney to deal with the seller.
You can use the following sites to find local consumer Attorneys:
http://www.consumeradvocates.org
http://www.lawyers.com
http://www.justia.com
In the meantime, you can file complaint with New York Department of State, Office of Planning and Development, Building Standards and Codes. This is the department that regulates manufactured housing. Click on the links below for more information:
http://www.dos.ny.gov/DCEA/reg_off_reg.html
http://www.dos.ny.gov/dcea/manuf.htm

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