I owned manufactured home on a rented lot. The tenant bought the house fom me one yaer behind in her rent. And said she would take care of the whole mess. Now the park owner ha included me in a law suit to collect. Is there a law that says when you buy a property you asume its liability as well?
State/Country relating to question: Vermont
I have answerd the complaint I would like to motion to dismiss myself as a defendant on the grounds I did not hold a Rental Agreement and am no longer the owner
When the tenant bought the home, did you transfer title to her?
What is the landlord alleging that you did?
Anser to inquiry Yes the title was transfered leagaly at the town managers office and a certified copy of the sale was submitted as evidenc in a motion to the court. The landlords lawyer wants to get me to pay becouse he does not think the tennant will. This is speculation on my part cosidering that the tenant has now been evicted and the house is now the subject of a writ of possesion in the law suit.
When i go to trial will the court want my arguments in the form of a motion?
Since you do not own the mobile home and are not a party to the lease, there is no legal justification for him adding you as a defendant and the judge should grant your motion to dismiss as frivolous litigation. If you have hired an attorney, I would have your attorney make an oral motion for you to be reimbursed your costs and attorney fees due to this baseless litigation that you have had to defend. The landlord's attorney should have known better if he has any sense at all.
I would go ahead and file the Motion to Dismiss as an improper party before any trial comes up. The judges normally have a motion hour once a week or once every two weeks. Call the clerk for the judge and ask when his motion hour is and when you would have to have your motion submitted to be heard for it. Then you appear and explain why you should be dismissed from the case, the other side will say why you shouldn't, and the judge should dismiss you.
13 years real estate, Realtor. Landlord 24+ years
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