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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2351
Experience:  Helping you with your legal questions.
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I purchased a mobile home that is located in a mobile home

Customer Question

I purchased a mobile home that is located in a mobile home park about 5 months ago, I was led to believe that the person whom I paid in cashier's check was in fact the legal owner , HCD title in possession of management of park, I received a bill of sale reflecting payment of 11,500 dollars (HCD475.1), MULTI PURPOSE FORM HCD476.6G, POWER OF ATTORNEY HCD475.4 At the time of contact s with the seller/proported owner my companionand I were completely overwhelmed by the agressive personality and hurried sales technique of the man we were confronted with yet he appeared to be well versed and knowledgeable yet hurried in answering questions about amenities he represented as being new and in fine working order. As you have likely assumed by now we have been sold a pig in a poke and have made many negative discoveries, several sad realizations and been pissed off much more than delighted. Strangling the rotten SOB has been the overwhelming theme of most of my dreams and many of my waking hours . The seller of the home has been no where near to question or confront, he artfully passed the next portion of responsibility for lying, putting off and passing the buck on the designated manager for approval of tenancy (background check , credit check , completion of transfer of ownership of the actual mobile home.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California, im sorry , I sent my msg incomplete the manager has drawn the same type BS game out for five months now. I'm past going postal but am on a disability SSI budget. Ive since learned that the elderly woman passed away whom owned this mobile home and thats how it came to be up for sale it appears to me that management implemented a go getter high pressure salesman to move the place, I don't know what if any legitimate paperwork has been done or fees paid. cant seem to be able to run into that nosy neighbor you hear about in these senior citizens mobile home parks willing to give me an ear full. What I need is to be pointed in the right direction and get a good hard kick in the ass. Signed: FEELING STUPID But I am not gonna give up , I'm a 57 year old stroke survivor, worked hard all my life, fear GOD ,respect my elders , the law and love the USA . I KNOW THERE IS AN ANSWER and im going to have to be diligent in my search for it. Is there any one out there who is able to get me started in the right direction thank you and GOD bless all who are right with their fellow man, Reuben Anderson, Ca
JA: Has any paperwork been filed? I am Pearl, the Real Estate Lawyer's Assistant.
Customer: Not by me , park management assures they are handling it, still no official mail, and nothing to indicate that im being anything but stroked
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'd be grateful
Submitted: 1 month ago.
Category: Real Estate Law
Customer: replied 1 month ago.
Could the mobile home park be held financially responsible for the actions of the people who are representing there intrests in my case
Expert:  Damien Bosco replied 1 month ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Customer: replied 1 month ago.
Ready
Expert:  Damien Bosco replied 1 month ago.

I am a bit confused of what happened. Possibly you can stream line it. From what I understand you thought you purchased a mobile home and paid a salesman and he took the money so the purchased never went through. Is that right? It is a little confusing.

Customer: replied 1 month ago.
In a nutshell
Expert:  Damien Bosco replied 1 month ago.

Is he still around? Or did he skip out of town?

Customer: replied 1 month ago.
Cant call exceeded my budget already
Expert:  Damien Bosco replied 1 month ago.

That is fine, we can continue with the Q&A.

Customer: replied 1 month ago.
Seller is still catcable considering police involvment based on fraud activities
Customer: replied 1 month ago.
He has made him self scarce my belief is that manager will throw his ass under the bus
Customer: replied 1 month ago.
He has family local with ties
Expert:  Damien Bosco replied 1 month ago.

What a difficult situation. An owner can be held liable, if the salesperson worked or was an agent for the owner. If the third party (the person who took the money) is not an agent of the owner of the land, then the owner of the land cannot be held liable unless the owner hired him to be an agent for the owner, or worked for the owner because it would have to be shown that the owner knew that this seller was doing this activity. So, your case would be against the alleged agent and possibly a criminal fraud claims could be filed with the DA's office. This would appear to be a case where a Police report could be good to have. We can discuss more if you would like to do so.

Customer: replied 1 month ago.
Correction police report is yet to be made
Expert:  Damien Bosco replied 1 month ago.

Okay. Well that is a good start. Note that sometimes for fraud claims, the Police will say it is a civil matter. Therefore, it is important to notify or file a complaint with the District Attorney's office or possibly with the Attorney General. In any event, even if not a criminal action, there would be a civil action.

Customer: replied 1 month ago.
The unconfirmed word here has it that our park owner is a member of the ca BAR ASSOCIATION , ANY SPEC CAUTION ADVICE
Expert:  Damien Bosco replied 1 month ago.

If the owner is an attorney, most likely the owner will be very concerned that someone is representing themselves as agent of the owner. Most likely the owner is taking this very seriously.

Customer: replied 1 month ago.
Do you think possibly THE involvment of the ca HCD OMBUDSMAN MIGHT BE THE CORRECT APPROACH TO THE ISSUE at this point whilst reporting the improper sale protocol to the district attorneys specialized elder/vulnerable persons enforcement unit, our subject is still active in another retirement community less than 20 miles from my location which ironically is owned by the same group and has listings advertised on the same online real estate site which is not the advertisement connected to this corporation for its public exposure in which we were lured in
Expert:  Damien Bosco replied 1 month ago.

Hello again: Involvement of public officials could be helpful. So, yes, contacting the Police, the DA and/or other governmental agencies could be helpful, especially if there appears to be a systemic (on going) fraudulent behavior.

Expert:  Damien Bosco replied 1 month ago.

Hello: I am following up to see if you still need further help. If so, please let me know. If not, I hope that I have provided excellent service and, if so, would love you to give me a rating between 3 and 5 stars for the service I provided to you. Best regards.

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