Posted by Wes --Previous Message-- Link: The Manufactured Home Buyer's Handbook Home Page
on 8/10/2005, 7:44 pm, in reply to "Re: Possible Lawsuits Against Manufacturers & Dealers"
209.215.39.7
I'm very sorry to learn of your difficulties. A lot of homebuyers have learned the hard way, just as you have. I have not had much response to my queries here regarding possible lawsuits -- many people have either signed away their rights or simply given up. There are a few basic suggestions I can make to you which may help somewhat irregardless of that. First, document everything. Keep copies of everything, get detailed written estimates for any needed repairs, and hire your own experts if you have to (structural engineers or home inspectors with experience in manufactured housing if possible). Use all available resources you can bring to bear. Does your state have a manufactured housing "State Administrative Agency" or "Manufactured Housing Board" you can ask for help? Have you tried consumer "action lines" on local TV stations? (Bad publicity is one sure way to get a manufacturer to take notice and possibly offer to fix your problems.) Keep track of when your manufacturer warranty expires, and do your best to have your problems rectified or at least proved before this expires. Finally are your possible legal options: arbitration or possibly a jury trial. Arbitration is stacked against you in virtually every case. A jury of your peers gives you a fighting chance. Did you sign an arbitration agreement? You're up against a deadline, here, too. Your state will set a time in which you must file a lawsuit -- or you will forfeit your right to do so. (In SC, for instance, you have 3 years to bring forward a lawsuit.) Even if you signed an arbitration agreement, it may not be binding if the company doesn't meet particular requirements your state may have regarding them. Find a good lawyer to take your case. Shop around -- not all lawyers are equal in abilities or experience. Get the best one you can. He or she will often be willing to talk with you once for free to decide whether or not the case is one they'll be able to pursue. This can help you determine whether or not you're stuck with arbitration. If you have plenty of documentation and a good case, some lawyers may take your case on a contingency basis. That is, they won't charge you by the hour for their services -- instead they will take a percentage of the reward if they win your case (usually about 1/3). If they don't win, you don't have to pay. Either way, you will probably have to pay for court filing costs and "out of pocket" expenses. Only a good lawyer can properly advise you on what laws the dealer/manufacturer may have violated, and what recourse/remedy your state may provide for you. Just as an example, companies which violate the state's Fair Trade Act may be subjected to treble damages. I hope this helps. Please let me know if you have any questions, and best wishes for your case.
: : we purchased a mobile hoem from
: fleetwood and well, we were sold a
: defective piece of garbage that is
: litterally falling apart. they took
: forever to deliver ,even longer to
: let us move in.and of course the
: list of defects goes on and on and
: on.. we have thought of a law
: suit,but arent sure where to go??
: any ideas?
: --Previous Message--
: I’m trying to put together a listing
: of people who have been taken
: advantage of, who were sold a
: defective home, who had an improper
: set up, or who were unable to get
: warranty support from the
: manufactured housing industry. The
: reason for this is primarily to
: explore the possibilities of
: litigation, and secondarily to
: provide an additional resource for
: manufactured home owners. I know
: that most buyers have been made to
: sign arbitration clauses, but such
: clauses are not always binding,
: depending on your state law and the
: exact wording of your particular
: agreement. The general idea is to
: give people a better idea of others
: who have experienced the same type
: of problem in their geographic
: region and to see what legal
: remedies might be available to them.
: Even if a class action lawsuit would
: not be possible with respondents,
: such sharing of information should
: aid individual lawsuits (for
: instance, allowing different
: plaintiffs to share depositions
: regarding a particular manufacturer
: or problem – which would strengthen
: their cases while decreasing overall
: costs). If this is something you
: would like to explore with me,
: please contact me with some basic
: information: 1. The type problem or
: problems you had. Did it involve
: fraud, a defective home, a defective
: set up, or warranty problems?
: 2. The manufacturer (and specific
: model if possible) of your home and
: the date purchased.
: 3. Your contact information.
: Preferably an e-mail address, a
: phone number if you’re willing to
: share it, and the city and state you
: live in.
:
: I would also like to hear from
: anyone who has experience in
: bringing lawsuits against the
: industry whether successful or
: unsuccessful. Any attorneys with
: proposals or suggestions are
: particularly requested to contact
: me. I would prefer if this
: information (both from a consumer
: end and a legal perspective) is sent
: via the feedback form on this page:
:
: http://www.manufacturedhomebuyers.com/feedback.htm
: Your information will not be sold,
: you won’t be put on a mailing list,
: or anything else. (I am deluged with
: spam myself, and wouldn’t wish it on
: anyone.) If I do receive substantial
: feedback, I will e-mail everyone one
: time to share what I’ve learned and
: to share contact information so
: members of the pool can contact
: other consumers with similar
: problems or other customers in their
: area. If it looks like something
: more is possible on a group scale,
: that will be discussed, too. If an
: attorney offers to help, that
: information will be directly shared
: with everyone – and there won’t be
: any kickbacks or stipulations.
: That’s it in a nutshell, so to
: speak. If you know of anyone else
: who might be interested, please let
: them know about this, too. The
: success of this venture depends on
: the number of people who are willing
: to get involved. Thanks in advance
: to anyone who can help!
:
: On a side note, my web site has what
: I feel is a really good list of
: resources for anyone who has a
: manufactured home or who is
: considering one (dozens of links for
: manufactured housing consumers,
: homeowner groups, government
: resources, manufacturer web sites,
: and even a number of books on the
: subject of manufactured housing):
:
: http://www.manufacturedhomebuyers.com/housing%20links.htm
: Please don’t buy one of these homes
: without doing your homework, or the
: chances are good that you will
: regret it. Use the resources that
: are available. If you want a chance
: to win one of ten Amazon.com Lucky
: Breaks shopping sprees being given
: away (each worth $1,000), please go
: to this page as well:
:
: http://www.manufacturedhomebuyers.com/jbgrafx/shopping.htm
: . The entry form is quick and easy.
: (Warning for the guys: it’s for
: beauty supplies – but your wife or
: girlfriend will love you for it!)
: Contest ends April 30th, so hurry!
:
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