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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35390
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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When I bought my mobile home it was placed on the property

Customer Question

When I bought my mobile home it was placed on the property next to mine by the mobile home company. I want to know who is responsible for having it moved to the right piece of property. This is a land home package.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. Was the property that the mobile was to be placed on properly marked with the correct address, or was someone there on your behalf to direct where the mobile was to be placed?
2. Did you have a contract with the moving company to place the mobile unit on your specific property?
3. You write that they disclaim responsibility because you directed where to put the home. Is that a correct statement---did you tell them where to put the home and only later learn that the placement was on your neighbor’s property?
This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call.
Doug
Customer: replied 1 year ago.
not interested in phone conversation but the property was clean off and marked. I wasn't present when it was delivered. I did have a contract stating that this is a land home package .So I feel like their surveyor should make sure that it was placed correctly. I put my land up to get approved for this mobile home.
Expert:  LawTalk replied 1 year ago.
How was the delivery company supposed to know where to place the home?
You write that they disclaim responsibility because you directed where to put the home. Is that a correct statement?---did you tell them where to put the home and only later learn that the placement was on your neighbor’s property?
Who hired the surveyor---you or the delivery company?
Customer: replied 1 year ago.
The piece of property was already cleaned off. The delivery company hired the surveyor.
Customer: replied 1 year ago.
I honestly didn't know where the property line begin or ends . I thought that was the reason for the surveyor .So he could be sure it was placed correctly
Expert:  LawTalk replied 1 year ago.
Hi,
If the moving company hired the surveyor, that was presumably to ensure that they placed the mobile on your property.
If the surveyor hired by the moving company made an error, then the moving company is responsible for that error.
Only if you directed them where to place the unit, and they placed it where you told them to, would you be responsible for the expense of moving it if you guessed wrong and placed the unit on your neighbor's property.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
I think their surveyor is still the reason its the mobile home company should be responsible because he working for them
Expert:  LawTalk replied 1 year ago.
Hi,
And I agree with you, if the surveyor did the survey and they placed the unit on the property your surveyor claimed was yours.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you.
I wish you well,
Doug