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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55153
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I just sold a mobile home that I bought and moved less than

Customer Question

I just sold a mobile home that I bought and moved less than 2 years ago. We bought it cheap to fix it up and then sold it cheap because we moved 4 hours away. The buyers wanted to buy it sight unseen over the phone, but I had them go inspect it first before turning away the other buyers and agreeing to sell it to them because I wanted them to make sure they knew the work involved with the trailer. They gave us a $100 deposit and we gave them the key. They had fullvaccess to the home for 7 days before we met and exchanged the bill of sale and money. We also agreed to give them a couple weeks to move it. Over a month after the sell, the buyer called and said their movers wouldn't move it and wanted a warranty from us for their money back if the house was damaged during the move. At this point they have ripped out electrical wires and a pole which they were told they couldn't have because it wasn't mine as well as messed up some plumbing and flooded out the area while the landowner was gone. They had prepaid their movers and took all the skirting, blocks, and porch to their property before making their demands. Now they had a lawyer call my husband who asked if we were going to pay them back because we sold an uninhabitable trailer. We sold the trailer as is on craigslist for really cheap because the trailer needed repairs and needed off the landowner's property, and we made sure the buyers knew and personally saw what condition it was in before buying. My question is Are we responsible to pay them back for the trailer now or are they resposible for fixing and moving it? Thank you for your time.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good evening. My name is ***** ***** I look forward to help you.

You can tell them "nice try" but you have no legal obligation to buy the mobile home back. First, there are no latent issues here; rather, they had every opportunity to inspect the mobile home, which they did, and determine it's condition and they decided to move forward. Second, they did buy it in its "as is" condition and as I mentioned had every opportunity to inspect its "as is" condition. Third, they've materially damaged the home. They don't get to take possession and damage the home and then tell you they don't want it. Bot***** *****ne, you have no legal obligation to buy the home back from them. And, should you decide to do so even though not obligated, they would be liable for remediating all damages they caused.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 1 year ago.
Thank you for your quick response. What I want to make sure is if the buyers bring the state in to inspect and they do end up deeming it uninhabitable for whatever reason (right now it's just not movable without bracing according to their movers), Are we then responsible for paying back the money even though we sold the mobile home as is?This was on the TDHCA website but Im not sure if it pertains to our as is craigslist sale.What are the warranty requirements for a seller of a used manufacture home?
Under Section 1201.455(a) of the Occupations Code it states that a person may not sell, exchange, or lease-purchase a used manufactured home to a consumer for use as a dwelling without providing: (1) a written disclosure, on a form not to exceed two pages prescribed by the department, describing the condition of the home and of any appliances that are included in the home; and (2) a written warranty that the home is and will remain habitable until the 60th day after the later of the installation date or the date of the purchase agreement.Thanks agains for all your time.
Expert:  Richard replied 1 year ago.

Hi there and thanks for following up. Section 1201.456 provides the following: Sec. 1201.456. HABITABILITY: EXCEPTION TO WARRANTY REQUIREMENT. The warranty requirement imposed by Section 1201.455 does not apply to a sale, exchange, or lease-purchase of a used manufactured home from one consumer to another. :)