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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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In Calif., is it legal for a constr. contractor and owner of

Customer Question

In Calif., is it legal for a constr. contractor and owner of a investment co. who is neither a licensed MH dealer or Realtor to buy, install and sell "new" mobile homes on leased land in senior MH parks that operate under rent control? The Seller artificially inflates the value and price of these homes an to unsuspecting low-income seniors, on it, and sell it "as is" and at the same time ? The contractor is not a licensed
JA: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?
Customer: It involves both oral and written aspects, and with Park Mgt approval, he sells the homes w/o completing the Park's lease agreements, passing along the costs of completion, i.e., required concrete, carports, awnings, fences, etc., which the Park then forces the new owner to complete. He also writes "security notes," which I think is a conflict of interest.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, I think this is a predatory practice and that Park Mgt is also wrong in not forcing the Seller to complete Park's lease requirements and selling the home "as is." In my case, I bought it not knowing he promised to put in a fence for my neighbor. My neighbor tore down his fence, which I didn't know until after I closed escrow. Now Park Mgr wants me to replace his fence.
Submitted: 2 months ago.
Category: Real Estate Law
Customer: replied 2 months ago.
I really need a response before 9 AM. THX
Customer: replied 2 months ago.
I failed to mention that my written lease with the Park is for a five-year term, with $5 annual increases. No security deposit, no "first & last" clauses, just month-to-month for five yr increments. I don't know what the Seller's lease terms were, but I know The Seller was supposed to make improvements and provide the Park Mgt with a "plot plan," that included landscaping, carport, driveway, awning -- the things most dealers provide when they sell a home in a park. I think the fact that the Park allowed him to sell the home w/o making the required improvements enabled him to commit what I think is tantamount to misrepresentation and fraud against the Buyer.
Customer: replied 2 months ago.
If I paid the $15K "ransom" note before the first due date and had escrow cancel out the security note, would it jeopardize any case I might have against him? Would there still be a way for me to get him to complete his original agreement to pay for the park improvements and to replace my neighbor's fence? Maybe w/o going to mandatory arbitration? How should this matter be handled?
Expert:  Infolawyer replied 2 months ago.
Greetings! I am a legal expert on the site and am working on your question.On review of your facts, you have a good case.I can suggest some options. would you like that information? please let me know and i will put it together and respond shortly. You can wait or come back later when we email you that a reply is ready. Thanks for your patience. This is not the answer. just an opening question so I can better focus the answer and make it more helpful.
Customer: replied 2 months ago.
please.
Customer: replied 2 months ago.
I would be willing to pay $59, providing the information is applicable in California.
Customer: replied 2 months ago.
I have a 9 AM appointment and have to leave here by 8:45. If possible, can you get back to me before then?
Expert:  Infolawyer replied 2 months ago.
You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.If you sue in court you may end up with a judgment. The judgment generally allows you to levy on bank accounts, lien real estate and work with the sheriff office civil enforcement division. Many lawsuits result in settlement - which expect the judge to encourage.Please let me know if that is acceptable and feel free to reply back and follow up