Any Recourse on This? - Posted by Nancy(NC)

Real Estate Investing
#1

Posted by Jim Locker on January 19, 2001 at 07:46:56:

Check public records (arrests and lawsuits) in the community where he now is. Also check on the park itself; you might learn something.

Run the same check in the city he came from. You could get a private investigator to do it for you, but this will run the costs up quickly and you have to balance that against what you could collect.

You might see if this site would help you:
http://www.diligence.com/

or this one
http://www.docusearch.com/

or this one
http://www.secret-subjects.com/

#2

Any Recourse on This? - Posted by Nancy(NC)

Posted by Nancy(NC) on January 15, 2001 at 17:20:03:

When my son graduated from college, we sold the MH we had bought for him to live in and did owner financing. We ended up taking it back. Because we live 350 miles away, the MH park manager volunteered to sell it for us, get work done it needed, etc. for $200. Nothing is in writing. He did have it painted and cleaned but other repairs were not made and we didn’t go check it out (our mistake). I repeatedly told him to not have the furnace on and to turn off all fuses except for lights to show the MH at night. I got a $80. elec. bill in Dec. and called him to remind him to turn off all fuses. This month I got a $350 bill and went. I called the elec. company to turn off the power and our bill is now $600. I was there only one night and have sold it so he did nothing. We lost 5 months (paid lot rent) and will lose $600. in elec. bills. We also paid for work not done. Is there any recourse for this?

#3

Re: Any Recourse on This? - Posted by Nancy(NC)

Posted by Nancy(NC) on January 16, 2001 at 07:43:58:

Thanks for the posts. I didn’t mention that someone had been using it…there was Christmas wrapping paper, trash and beer caps around. Nothing had been stolen. It’s not just the money - it’s the lies.

#4

Re: Any Recourse on This? - Posted by IB (NJ)

Posted by IB (NJ) on January 15, 2001 at 21:51:57:

Aren’t verbal agreements binding in court? Of course he would have to admit that he agreed to perform those services. Don’t forget. He IS the MH PARK MANAGER. Didn’t he offer those services while representing the MH Management company?

Not an attorney. But just asking questions here to see if something may have been overlooked.

#5

Re: Any Recourse on This? - Posted by Jim Locker

Posted by Jim Locker on January 15, 2001 at 17:45:13:

I wouldn’t say you have any recourse at all. The electric bill was in your name. You had no written agreement with this manager and, depending on the laws where the mobile home was sitting, an agreement made with him in writing could be illegal.

Pay the $600, chalk it up to experience, and know better next time.

#6

Re: Any Recourse on This? - Posted by Jim Locker

Posted by Jim Locker on January 16, 2001 at 08:06:47:

Now THAT is another matter entirely. In that event you could very well have recourse against the trailer park. You need to document (photos and hopefully witnesses) the condition of the unit, then contact the park owner and demand compensation.

Compensation should consist of fair market rent for the relevant time. Demand all 5 months, and be willing to settle for less. Also, the utility bill IS TO BE PAID by the park.

Have an attorney write the letter making the demand. The park will probably settle with you since, if an unlawful act can be proven (and this is one), their insurance won’t protect them.

If the manager was doing something on his own (very possible) then the park might not be able to protect itself since the amount of time this was happening is sufficient to indicate a pattern of behavior that the park ownership SHOULD HAVE been aware of. Failure of the senior management/ownership to exercise due diligence makes them vulnerable to liability for the ongoing bad acts of their employees.

I had a manager who did the exact same thing to me one time; gave a vacancy to a friend. We discovered it within 3 weeks. I fired the manager, evicted him, and sued him for rent plus damages. Never collected the latter, but he is thoroughly blacklisted by the mere fact that I did it and it is in the public records.

#7

Re: Any Recourse on This? - Posted by Nancy(NC)

Posted by Nancy(NC) on January 17, 2001 at 22:06:24:

Jim:

Thanks for the post. I got the final power bill today
in the mail so am ready to pursue this. I have a police report and the park’s maintenance guy is a witness. I thought somebody had broken in so had them go check it out but the deputy mentioned it might be the park manager…

#8

Re: Any Recourse on This? - Posted by Jim Locker

Posted by Jim Locker on January 18, 2001 at 07:50:20:

It sounds to me like the deputy might have been trying to tell you something. You might do well to run a background check on the park manager. Good luck.

#9

Re: Any Recourse on This? - Posted by Nancy(NC)

Posted by Nancy(NC) on January 18, 2001 at 18:00:08:

Thanks Jim:

How can I run a check on him? He told me he had moved there from a neighboring state (he told me the city also) last year. That sounds like a wonderful idea. Thanks!

Nancy(NC)