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I purchased a home from a Modular Home dealer (you know, site build specs but built in a factory). Anyways, upon delivery, the movers which were contracted hit a bridge damaging the roof and wing wall inside. Long story short, the movers were fired about a week after this happened due to multiple excuses on why the could not finish setting up the home. A new mover was hired and the house put together. Once the house was put together, the roofers from the factory were supposed to come and repair the damages outside. It took nearly three weeks after mulitple calls and threatening to take alternative action for someone to finally show up. Since then I have had trouble with the company that I purchased the home from. I can't get phone calls returned. They can't authorize repairs without calling their corporate office. I have kept a timeline of everything that has happened since the beginning. What legal actions do I have available?
State/Country relating to Question: Louisiana Already Tried: Nothing, first attempt at legal advice.
Hello, and thank you for contacting the just answer team. Did you have a formal written agreement for the purchase and service of the house?Thanks
When closing on the home, the paperwork was signed for the company to perform all work from foundation to complete interior trim work along with a 10 year warranty.
Thank you for the extra information. It sounds as if you have a good breach of contract claim against this company. If the agreement calls for the delivery and proper installation of the home (including not doing any damage on the way and making sure everything is in working order), then they have an obligation to perform under the contract. Their failure to adequately do so leaves them liable to a claim for breach of contract, especially considering the 10 year warranty. As such, I think your first step should be to write a demand letter to the company (or have an attorney do this) stating that you expect them to fulfill their obligations under the contract, and if they do not, you will have no choice but to pursue whatever options are available to you under the law. Then, contact an attorney in your area who has experience in contract law. If you need a referral to an attorney in Louisiana, you can contact the Louisiana State Bar Association HERE. They will be able to assist you in bringing a claim for breach of contract against this company. I hope this helps, and thank you for the opportunity to answer your question. If you have any further questions, please do not hesitate to ask by clicking "reply." Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work. Take care
Do I have the right to contact their contractors and authorize repairs on their behalf as the homeowner? or do I have to wait for them to get authorization from their corporate office?
The latter seems like it takes double the time from what I have experienced so far compared to me calling the contractor right away.
For example, the electrician came and hooked up all wiring to the panel box inside, then I called the electricity company to come and hook up service. Once service was hooked, I proceeded to check all outlets and switches when I realized HALF of the home was not working, so I called the electrician back out. Upon arrival, he called the company and they told him that they had to authorize the repairs and it could take up to 5 days. He decided to due the work anyways and changed out 2 or 3 switches and had to rewire some of the interior box due to crossed wires which came from the factory that way. The company was notified that the repairs were done before approval was final and they called and fussed at us for approving the work before the approval process was finished.
Also, it seems that their mistakes might push me back past the alloted construction time before my mortgage payments begin. How could I handle this?
Unfortunately, your contract is with the company and not with the contractors, so you will need to go through the company to get the work done, or risk voiding the warranty. While some of the contractors may be willing to do the work, because your contract is with the company and not the contractors, the company may refuse to pay for the work if it is not done through them. This is why it would be a good idea to send a demand letter that the contract be complied with now, as hopefully this will speed up their responses to you and avoid you having to sue them. As for your second question, If they fail to have the home livable before the date on which you start paying your mortgage, you should arrange for alternative housing (a hotel/motel etc) and then demand that they reimburse you. If they refuse, you would add whatever it cost you to have somewhere to stay to the total amount of damages in your claim for breach of contract.I hope this helps further, and let me know if you have any other questions. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work. Take care
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