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legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 9912
Experience:  Just Answer consultant at Self employed
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I purchased a mobile home from an individual. He gave me a

Customer Question

I purchased a mobile home from an individual. He gave me a bill of sale signed by him. The MH is titled in another persons name who signed the title as a seller but did not put the buyer's name on it. I asked for my money back as I was having issues getting the title in my name and getting a Wind Zone documentation so it could be moved. At first he said he couldn't pay me back all at once, but could give me $1000 per month on the 1st of the month for the next six months. I called him 2 days ago and now he states he is going to have to "re-think" that as he need the MH removed from his property. Can and how can I get my money back?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  legalgems replied 1 year ago.

If the seller did not have title to the MH and as a result the buyer is unable to secure title, then that would be a breach of a contract.

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

Title is considered a material breach; as such one can request rescission of the contract; if the party refuses, one can sue for the value of the contract. If one gets a money judgment, they can then execute on that judgment by wage garnishment, levying property, to recover; it is also very damaging to the defendant's credit rating.

One can first send a demand letter requesting rescission of the contract and stating that if an agreement is not reached re: payment then one will pursue their legal obligations; it is best to provide a date by which one will file.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.