Posted by Wes Johnson "When we bought our 1997 Oakwood/Destiny home my first mistake was not doing the walk-through.I figured it was a new home so it must be ok.They also told me that after set up if anything was wrong make a list and they would repair the problems within a year.After setup I found that the none of the doors in the house would shut properly and when i turned on the water to fill the water heater they forgot to hook it up so it blew the water heater and the water had collected under the house and was weighing down the material that is under the house.When the repair man came out to fix the water problem and replace the water heater he cut slits in the material to drain it. When he fixed the warped door problem all he did was reajust the wood on the inside of the door jam so now i have a door that shuts but is crooked.My biggist problem is what we just found.We have had our home for 7 years now and just recently my kitchen window (in between the two pains of window) started leaking.So we tried to figure out the problem and noticed that the rain runs down the side of the house instead of off the roof.Around this same time we had an electrical problem in my son's bedroom so we had a electrician working on that problem when he had the wall receptical off and had his hand in the hole reaching for the electrical wires when he noticed the outside wall was wet. He called it to my attention and I stuck my hand in and felt of the outside wall and what i found made my heart drop. The wall was like a sponge it is completely saturated.The next time it rained we walked around the house to see where all the places on the house that the rain is running down the side were located.It runs down the front of my house right at my son's window where we found the wet wall, kitchen window, dining room window and a few other places. We noticed that when it runs down the side of the house it goes over the vent holes in the siding under the eve.So I'm assuming that is how the wall is getting wet.Our ins. adjuster came out to look at the damage to the kitchen window and he felt the wet wall and told us it is not covered because it is not considered storm damage like when a tree falls on a your house or tornado damage.So now I'm wondering if maybe this is a defect due to a problem with the shingles not coming off the the roof far enough.We haven't removed the siding to see the extent of the damage yet because of the rain but i don't kwow what were going to do about the damage i'm sure its extensive and has been going on since we have had the house but is just now coming to light.I don't even want to think about he fact that there could be mold in the walls and that could be why my son has a continuess cough year round." The health effects can be devastaing -- especially on young children: "The health effects from biological contaminants like mold are serious. Such pollutants may initiate allergic reactions, including hypersensitivity pneumonitis, allergic rhinitis, and asthma. Infectious illnesses (including influenza, measles, and chicken pox) are transmitted through the air. Mold and mildews also release disease causing toxins. The EPA lists some possible symptoms of biological contaminants as: sneezing, watery eyes, coughing, shortness of breath, dizziness, lethargy, fever, and digestive problems. Just as with formaldehyde, people can easily develop sensitivities to such biological toxins. While these pollutants may produce little or no visible symptoms in any given person over a period of time, the same person could quickly become very sensitive to the toxin, having severe allergic reactions to it. Other diseases, such as humidifier fever, result from exposure to microorganisms that are best known for growing in the ventilation systems of large buildings like schools, but which can also be found in home heating and air conditioning systems, and even in home humidifiers (hence the name)! As with other home contaminants, the young, the old, and those with preexisting medical conditions are most vulnerable to their effects." (Source: Manufactured Home Buyer's Handbook) It sounds like you have SOLID evidence that much of your water damage was due to the poor construction and set-up of your home. All of your inspectors seem to agree. Document everything you can and keep copies of every report. Take a camera (digital is most useful) and take pictures wherever there's missing caulk or improper work including the missing metal tracks and warped wood. Take your most damning evidence to attorneys until you find one that can help you. Post your city / state here -- maybe one will call you. Use the lawyer referral services and websites like: https://www.lawyersandsettlements.com/submit_form.html PS. All lawyers are not equal -- try to find one you have confidence in. And if money is tight (and for most folks in this boat, it's always tight!) look for a lawyer who will take your case on a contingency basis. They may still want you to pay court filing fees and for inspections. This can also give your lawyer added incentive to fight hard -- if he or she doesn't win, they don't get paid.
Link: The Manufactured Home Buyer's Handbook Home Page
on 9/15/2005, 1:00 pm, in reply to "Re: Possible Lawsuits Against Manufacturers & Dealers"
65.6.242.222
First, I am so sorry to learn of your situation. I know it won't make you feel much better, but you're in good company. Most complaints with manufactured homes involve water-relater problems/damage. There are design flaws inherent in many of them, and poor work by the set-up crews compounds this many times over. My wife and I live in what was billed to us as a "top of the line Clayton Dream Home." In addition to numerous leaks we found during set-up and hopefully fixed, a home inspector has recently told us we have excessive moisture in ALL of our exterior walls. My wife Amy suffers from allergens already, and is extremely sensitive to the spores from mold and fungus. Here's another story (Lisa's) that yours reminded of from the "Screwed by Oakwood" message board:
It can be hard to find a lawyer willing to take this industry on, but it can be done. I found one, and others have too. The bad news is that you are fighting a giant. The good news is, if you can prove your case (document, document, document!) and get a jury of your peers, the giant can be pretty vulnerable. One of the first things you'll need to know is whether or not you signed an arbitration clause (bad news), and whether or not it is enforcable under your state law and particular circumstances. I wish you the best of luck; our prayers are with you. Please write and let us know how it goes.
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