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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118798
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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ON DEC 22 2016 I PURCHUSED A 2017 MOBILE HOME FOR FAMILY

Customer Question

ON DEC 22 2016 I PURCHUSED A 2017 MOBILE HOME FOR FAMILY FUN. WE HAVE ONLY BEEN ABLE TO USE IT MAYBE 5 TIMES. MY DAUGHTER AND HER FATHER-IN-LAW PICKED IT UP YESTERDAY TO BRING IT HOME, THEY NEVER MADE IT, SMOKE STARTED COMING FROM UNDER THE DASH, THEY TURNED AROUND A BROUGHT IT BACK BUT NO WAS THERE. THEY HAVE HAD THE CAMPER THIS TIME FOR 4 WEEKS. THE CO. NAME IS***** MOBILE HOMES IN PONTCHULA LA. THE LEMON LAW DOES NOT COVER MOBILE HOMES.
JA: How old is the home? When was it purchased?
Customer: IT IS A 2016 FORD TRUCK WITH A 2017 FORRESTER CAMPER ON FORDS C FRAME. DEC 22 2017 PURCHASED.
JA: Has anything been filed or reported?
Customer: I HAVE ALL THE WORK REPORTS FOR EACH TIME THEY HAVE HAD TO FIX IT, INCLUDING THE ONES FROM THE FORD DEALERSHIP THEY BROUGHT IT TO. I SPOKE WITH THE OWNER ABOUT TAKING IT BACK HE SAID SUE ME, AFTER TALKING TO THE GENERAL MANAGER HE SAID SUE ME, EVEN THE MECHANIC SAID SUE US. I HAVE FOUR GROWN KIDS, 4 GRAND KIDS, AND 2 GREATGRANSSONS THAT HAVE A GENETIC DEFECT, THE FEMA TRAILERS DOWN HEAR HAD FUNGUS THHAT MADE PEOPLE SICK ,ON WORK REPORT SAYS THEY FOUND FUNGUS AND CHANGED THE FIBER ,CLEANED THE FUNGUS, BUT THAT WAS AT THE VERY FRONT AND WATER TRAVELED ALL THE WAY TO THE REAR.
JA: Anything else you want the lawyer to know before I connect you?
Customer: YES, I CHECKED THERE MAINTANCE RECORD ON GOOGLE AND PEOPLE WAS JUST TRASHING BERRYLA MAINTANCE. WHEN I SPOKE TO THE GENERAL MANAGER I TOLD HIM THAT I WORKED ON JETS IN THE MARINE CORP AND TOLD HIM ELECTRICITY AND WATER DON'T MIX . I CAN'T TAKE A CHANCE OF FIRE ESPECIALL WITH MY TO LITTLE ONE, IT WOULD EMOTIONALLY SCAR THEM FOR LIFE, STILL SUE ME. MICHAEL D COAKLEY (###) ###-#### YOUR HELP AND ADVICE IS GRATEFULLY APPRECIATED!
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
While the lemon law does not cover mobile homes, warranty law and your right to redhibition and product liability law does apply. If the product is not conforming to standards and is defective, then they must fix it in a timely manner or must replace it or refund the money (their choice) under warranty law. If the seller/manufacturer cannot repair the item in a reasonable time, you can sue for redhibition in that the product did not have the quality represented and was defective in addition to suing for breach of warranty for failure to abide by and honor the warranty.
So, if the manufacturer/seller will not replace or refund your money and cannot repair in a reasonable time, your next step is to file a complaint to the LA Attorney General since under Federal Law (Manguson Moss Warranty Act) they must offer mediation for any warranty claims. If the AG cannot resolve this, you have grounds to sue for breach of warranty and redhibition and seek to get a refund and any expenses incurred as a result of their defective product. You have only 1 year to file suit from date of the defect appearing.
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