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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I bought a tiny house on wheels back in July with the plan

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I bought a tiny house on wheels back in July with the plan to have it moved to Clark Fork Idaho from Arkansas by the end of August. It was bought through a previous owner and not the builder. I hired a hauler and as he was trying to get it from point A to point B the frame it was built on started to fail to the point where my hauler didn't want to move it any further. On top of that because the way it was built the hauler needed to charge me $2000 more then the initial bid. I had to pay a weld shop in Kansas $2500 to re-level and re-enforce the frame so it wouldn't fail any further. Then today as my hauler got back to it to finish the job he made it 3 miles and the tongue started to fail and had to turn it around and take it back to the shop. So my question is do I have the grounds to sue the builder for all the extra cost and what not for failing to build a product that meets what it is suppose to do? I figure just the cost alone for all the extra stuff I have had to deal with just to get it here is around $7000 let alone all the stress it has caused me and my son and my friends who have been so generous in letting me stay longer then I had previously thought.
Submitted: 6 months ago.
Category: Legal
Expert:  Zachary replied 6 months ago.
Hi,

Thank you for your question.

When was the house built and is there any indication that it was covered by a warranty when you purchased it?
Customer: replied 6 months ago.

The people who I bought it from did an as is type contract. It was built by December of 2010.

Expert:  Zachary replied 6 months ago.
Thank you for your response.

The sort of claim that you would have would be that the builder made the house for you and promised it would perform as advertised, as a guarantee of its work. However, a guarantee is a contractual obligation which is not owed by a home builder unless it promises so in the sales contract.

If there is no continuing guarantee which transferred from the builder to the previous owner to you, then there would not be a basis for asserting a lawsuit against the builder.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary
Customer: replied 6 months ago.

So what your saying is, no matter what the builders claims, as far as what he builds and what it's suppose to be able to do and it doesn't perform to what he claims, don't mean squat? What about fraudulent representation of his product. I mean if I would of thought it was going to fall apart upon trying to get it to where I needed it, do you really think I would of bought it? The whole reason for buying it was so I could have it moved to where I wanted it and not have it fall apart en route.

Expert:  Zachary replied 6 months ago.
No, that's not what I'm saying.

The law limits the liability of a builder in this case, when the product is purchased used. In other words, the representations regarding the product only run to the original buyer, not to a subsequent purchaser like you. This is because the builder is not expected to guarantee that its product would function them same when it has been in the hands of a third party and being used by that third party prior to its transfer to you.

I will go ahead and opt out of this question and allow another expert to come along and give you a second opinion on the matter just to give you some ease of mind.

Please stand by and another expert will pick this question up shortly.

-Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3635
Experience: Lead trial/International commercial attorney licensed 11 yrs
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