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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5162
Experience:  Licensed to practice before state and federal court
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I bought a mobil home in a park in Keizer, and was told it

Customer Question

I bought a mobil home in a park in Keizer, and was told it had a new roof, it began leaking rt away and contacted the park manager and after the third attempt to fix it still leaked, and caused much damage, my daughter hired a lincened contractor to have it fixed he said their never had been a new roof was just patched, it cost $3000 to fix and have been just getting the run around from the park, do I have case against them it has been 9 months and still no answers from the manager, thank you, Nita
JA: What state is this in? And how old is the mobile home?
Customer: Keizer Or and the mobile home is a 1970 but had been remodeled
JA: Has anything been filed or reported?
Customer: Yes we gave the repair papers with pictures to the manager and they stayed it should be taken care of but when I contact them they just say havnt heard anything yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today.. This to me sounds like a classic case of negligence against the original contractor. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” Better stated, “Would a reasonable contractor act in a similar manner under similar circumstances.” If the answer to that question is no, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand. You may need to get a civil litigation attorney in your area to negotiate something reasonable on your behalf with the contractor.

This also appears to be a classic breach of contract against the original contractor as well because they did not perform as they promised. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.