Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I purchased a modular home in Aug. 2016 with a one year

Customer Question
I purchased a modular...

I purchased a modular home in Aug. 2016 with a one year warranty. When it was delivered the factory installed air conditioner was damaged and needed to be replaced. It took them 6 weeks to replace it during that time I could not live in the house because I live in TN and temperatures are in the 80s-90s. I move in Oct. 1st, 2016. One of the things on the punch list repairs was trouble with an electrical circuit in the wall behind the sink. This line is on a GFI reset. They sent some one who replaced the light switch. This past month I again had trouble with the same electrical line and again a man was sent out and he tightened a loose wire in a fixture. The following week the GFI reset triggered and shut off the electricity to that part of the line when reset it triggered again. I again called the factory explaining the issue and was told because the house was now out of warranty and I had never mentioned trouble with the GFI the issue was my problem not theirs. I think that because it is the same line that caused the other issues they should fix it under the warranty.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Tennessee

Lawyer's Assistant: Has anything been filed or reported?

I talked to them and was told it was my problem because I never mentioned the GFI. I also sent an email on Wed. explaining why I thought they should fix it they are suppose to get back to me but as yet have not

Submitted: 11 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
9/16/2017
Real Estate Lawyer: P. Simmons, Lawyer replied 11 months ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,702
Experience: 12+ yrs. of experience including real estate law.
Verified

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: P. Simmons, Lawyer replied 11 months ago

I am sorry for this dilemma. Can you give me an idea of how much you expect it to cost to complete this work (if you had to pay for it yourself)?

Ask Your Own Real Estate Law Question
Customer reply replied 11 months ago
Not really, but it would have to be done by an electrician so I would assume a couple of hundred up to 500.
Real Estate Lawyer: P. Simmons, Lawyer replied 11 months ago

Thank you
I ask because this is something you could use small claims court to resolve.

Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).

The process is simple enough. You head to the county court (the county where the company is located) and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.

In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case. IF there are witnesses who can testify about what happened? Have them come as well.

Now...can you force them to pay this even though the warranty period has expired?

Well...it is a bit of a longshot. The general rule is if you want to claim on a warranty, you have to file within the warranty period.

That said, small claims court is an "equity" court. Meaning it is a court where the court attempts to do things that are fair to both parties...and if you can show that this issue was identified prior to the end of the warranty period, you have a chance to have the court order they pay you the cost

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: P. Simmons, Lawyer replied 11 months ago

Do you have more questions regarding this?

Thanks for your understanding
Phil

Ask Your Own Real Estate Law Question
Real Estate Lawyer: P. Simmons, Lawyer replied 11 months ago

Do you have more questions regarding this?

Thanks for your understanding
Phil

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,702
37,702 Satisfied Customers
Experience: 12+ yrs. of experience including real estate law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

37,702 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I have renters in a modular home, recently they informed me
I have renters in a modular home, recently they informed me there was a leak in the secondary bathroom, bath tub. The leak has caused damage to the insulation under the flooring. Am I responsible for … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I have an apartment and I am under a lease. recently our
i have an apartment and I am under a lease. recently our bathroom was filled with sewage due to failure in the pipes. The will not fix this problem and it has caused the bathroom sink to rot and mold … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
PA** Tenant A complained to Landlord that the heat has not
PA** Tenant A complained to Landlord B that the heat has not turned on as of October 1. The average temperature has been 55 degrees. Landlord B says that the boiler is being serviced and will be turne… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We bought an old house in OH in January, 2015. The seller agreed
We bought an old house in OH in January, 2015. The seller agreed to buy us one year home warranty which was written on purchase contract. This April, the air conditioner didn't work. We tried to conta… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
Hello, I received a letter from the real Estate office on behalf
Hello, I received a letter from the real Estate office on behalf of the owner of the house we have been renting for 2 years and 4 months. We just signed our 3rd lease in July 2014 and found out on the… read more
Attorney 1
Attorney 1
2,704 satisfied customers
We live in Washington state and I am getting ready to take
We live in Washington state and I am getting ready to take a property management company to small claims court for breach of contract. The issue involves the property management company damaging our p… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I own a copy and print shop. My lease requires the owner to
I own a copy and print shop. My lease requires the owner to pay for utilities. She insist on keeping the temperature in the building at an unknown level that is not low enough to keep my machines from… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I was told that electric bill for this rental house in Bucks
I was told that electric bill for this rental house in Bucks Co. would be aroud $200 by the reality co. So I rented this house ,later I had A/C problems. After a while waiting for some one he told the… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,391 satisfied customers
we recently purchased a home and have found numerous problems
we recently purchased a home and have found numerous problems we had a heater/air conditioner inspection which revealed problems with the heater not working this was disclosed to the seller before clo… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,366 satisfied customers
What can I do if my landlord isnt making repairs to my rental
What can I do if my landlord isn't making repairs to my rental home that affect the implied warranty of habitability. I have asked him numerous times, he is aware of the issues, he has been aware for … read more
evanesq
evanesq
Managing Attorney
Doctoral Degree
6 satisfied customers
Electrical Issues - Warranty, Case against previous owners,
Electrical Issues - Warranty, Case against previous owners, or do I eat it? I purchased a home on Feb 17th and in preparation of moving in, my wife and I were cleaning the house. Lights were on, and m… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
My sink broke last Thanksgiving. I have talked to my landlord,
My sink broke last Thanksgiving. I have talked to my landlord, which is Kitsap County, three times about the issue. Three times they sent someone down to look at the sink, and still nothing done, not … read more
socrateaser
socrateaser
1,031 satisfied customers
We bought a new house one year ago, which has been a disaster
We bought a new house one year ago, which has been a disaster since day one. Now it seems the middle of the house is sinking. Doors are always uneven floors pop and crack, AND THIS HAS ALL BEEN FIXED … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
This past summer I had continued problems with my air conditioner,
This past summer I had continued problems with my air conditioner, either not working, blowing fuses all the time and also having the unit replaced, with the same problems with the replacement unit. F… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
can a landlord control the temperature on a thermostat that
i am leasing a space in a commercial building with 4 units, which are on 1 meter for the utilities. i agreed on my lease to pay 100% over the average from 2009 of the monthly utilities because I am le… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
The landlords have been told there are several electrical problems
The landlords have been told there are several electrical problems 1) indoor wiring and breaker outside to barns and out buildings not protected from weather, now gfi outlets in kitchen by sink or bat… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
COMPLAINT What are my rights in buying a home without an inspection
COMPLAINT What are my rights in buying a home without an inspection? I looked in ORC 4735 and found many laws that I feel were broken. Both the real estate agent (he said he was a Dual agent) and the … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
i am living in a apartment where the windows wont open and
i am living in a apartment where the windows wont open and i have a baby what can i do to get this problem fixed… read more
Franklin
Franklin
Real Estate Attorney, Broker, Investor
Doctoral Degree
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x