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Roger
Roger, Lawyer
Category: Real Estate Law
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I purchased a manufactured house in 2012. /The home was

Customer Question

I purchased a manufactured house in 2012. /The home was wrecked in transit, The home dealer did not disclose it at closing. I found out from eyewitnesses. We now have major water damages , electric outlets have pulled out of the wall, vent pipe broke loose on top roof,water lines were pulled out of ground by their grader that caused the water leak and major mold issues and damages in the ac unit. i was told I had a ten year warranty on the property. when I called about the water damage and being wrecked I was told " after 1 year they no longer mess with us, and are not liable. The home was supposed to be a modular. I found out later it was a doublewide. I met with an attorney who was going to help but as soon as he got THE MOBILE HOME BUILDING PAPER, He said he was not taking case. What can I do >
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Even if the warranties have expired, you likely still have claims for negligent misrepresentation, fraud, and constructive fraud, which is governed by a three (3) year statute of limitations. N.C. GEN. STAT. § 1-52(5) (2011) (negligent misrepresentation); N.C. GEN. STAT. § 1-52(9) (2011) (fraud). However, a claim for negligent misrepresentation “does not accrue until two events occur: first, the claimant suffers harm because of the misrepresentation, and second, the claimant discovers the misrepresentation.” Barger v. McCoy Hilliard & Parks, 346 N.C. 605, 666, 488 S.E.2d 215, 224 (1997).

So, you'd likely have 3 years from the time you discovered the concealed damage caused by the accident to sue for damages.

Expert:  Roger replied 1 year ago.

You can discuss these options with a local lawyer and see where you stand....also, you should consult the first lawyer to met with and ask why he elected not to take the case......as there may be some issue with the contract or something you agreed to that you're unaware of.....which may affect your rights to sue or what you can claim.

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