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Anne
Anne, Lawyer
Category: Legal
Satisfied Customers: 2302
Experience:  Trial Lawyer, 15 Years Experience
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CAN I FORCE THE COUNTY TO ENFORCE BUILDING CODES, OR CAN I S

Customer Question

PURHCAGED MANF. HOME. THE COUNTY DID NOT INSPECT THE HOME, BUT SIGNED OFF FOR INSPECTION. THERE ARE MANY CITATIONS ISSUED FOR THE COUNTY FOR REPAIRS. THEY HAVE BEEN IN MEDECATION, CAME UP WITH AN AGREEMENT FOR REPAIRS, BUT THE OWNER WILL NOT MAKE REPAIRS. NOW THE COUNTY IS SAYING FOR US TO MAKE THE NEED REPAIRS?. HELP I HAVE SENT OVER $25,000 ON ATTORNEYS, THEY DID NOTHING BUT TAKE MY MONEY. I''M ON LIMITED INCOME, 75 YEARS OLD. THIS HAS GONE ON FOR OVER TWO YEARS NOW. THE COUNTY JUST MADE THEIR RULING JAN. 27, 2008
Submitted: 9 years ago.
Category: Legal
Expert:  Anne replied 9 years ago.

Dear Apple Valley:

Can you please give me the following information:

1. Who actually owns the manufactured home? Is it you, or are you renting it from someone?

2. How old is the manufactured home?

3. When were citations first issued?

4. Who actually participated in the mediation?

 

Anne and 4 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
Reply to Anne's Post: HOME NEW SEPT. 29, 2005
I OWN THE HOME
HOME IS TWO YEARS OLD
CITATIONS DATED BACK 1 1/5 YEARS
I WENT TO MESECATIONS WITH ONE ATTORNEY IN 06, THEY AGREED TO MAKE THE SAID REPAIRS AS THE COUNTY REQUESTED, BUT THEN APPEALED THEM,
IT HAS BEE GOING ON EVER SINCE THEN.
THE COUNTY AND VILLAGE CONCEPTS HAD MEDECATION, BUT JUST NOW DROP EVERYTHING
Expert:  Anne replied 9 years ago.

Dear Apple Valley:

I'm not sure if you have filed a lawsuit or not -- you don't have to file one to go to mediation.

You may have been in mediation because of the pre-litigation requirements of Civil Code §895, which requires parties to try to work out problems with homes before a lawsuit is filed. That should have been what happened, if the builder agreed to make repairs.

A builder/pre-fabricated home manufacturer cannot actually appeal a decision reached in mediation, so either you weren't in mediation (it could have been arbitration), or the home manufacturer breached the agreement you reached in mediation.

If the builder breached a mediation agreement, your attorney needs to move to have it enforced. How that would happen depends on what was going on with your case, procedurally.

By the way, governments have extremely broad immunity for inspections. That means even if they should have realized there was a problem with your home, you cannot sue them.

The Statute of Limitation for filing an action based on patent (obvious) construction problems is four years from the date of completion or certificate of occupancy, whichever is earlier. Make sure you take action before that time runs out.

There is one thing that you might try, although it is a little unorthodox. If you can figure out who the builder/manufacturer's insurance company is (your attorney may know), you could try writing to them and seeing if they can intervene. They do not have to do anything until their insured is sued, but sometimes they will to avoid a lawsuit.

Good luck.

Customer: replied 9 years ago.
Reply to Anne's Post: HELLO ANN, YOU ASKED SOME QUESTIOS, AND I NEVER HEARD BACK FROM YOU?
HOW DO I TALK TO YOU, MY E MAILD IS xxxxxxxxx
Expert:  Anne replied 9 years ago.

DearCustomer

I have not received any questions from you other than the ones that you see on this page. Please resend them so that I can respond.

Thank you.

*****

Please remember to "accept" my answers!

Customer: replied 9 years ago.
hello ann, would you kindly tell me how i can get talk to you about this case? if you are intrested
my e mail is xxxxxxx