Mobile Home Deal gone bad. Help? - Posted by for David Alexander


#1

Posted by David Alexander on November 21, 1998 at 23:56:02:

Rob,

I have tried to renogotiate till my face is blue.
As far as not doing what I said, I just have not completed the repairs, Doesn’t mean I don’t
Intend to finish, just hit a bump in the road as we all do from time to time. I never gave her a specific time frame. I am looking for constructive answers, such as, one thought I have been pondering is to give an option on my now defaulted paper to another Investor and have them renogotiate saying they have an option to purchase and would be willing to pay them to move out if they would leave in ten days or less.

Please, email at Jeff’s email, I’m on a friends computer and should be back up in a few days.

David Alexander


#2

Mobile Home Deal gone bad. Help? - Posted by for David Alexander

Posted by for David Alexander on November 20, 1998 at 21:20:24:

I’m posting this message for David Alexander because he’s not able to access the net. If you send an E-mail to the address above, I’ll forward it to David. -Jeff


I sold a Mobile home in Texas, Sept. 25th for 12,000 with 800 down,
Payments of 256.56\month for 60. Made the mistake of not
Selling as is. The people needed to move in quickly,
So I let them move in, while I hooked up all the electric,
Gas, and fixed several things. I had them sign the purchase
Agreement, and a promissory note, straight out of Lonnies
Books. I added an addendum to the purchase agreement
Saying that I would:
Fix the bathroom shower surround and tub. (completed)
Fix and seal wood in windows of bedroom 1 and 2, replace
A panel in bedroom 1.
Paint outside of mobile home to meet park standards.(completed by them)
Add skirting to mobile home to meet park standards.
(Although, I didn¹t put a completion date)

I quickly ran out of money after doing all the hook ups,
Recharge the air conditioning etc. I went to them approx.
Two weeks after and explained to them that I was out of money
And that I would prefer to let them finish the work and I
Would remove the cost from the principal balance of the note.
They agreed to paint and do the skirting, but wanted me to do
The windows, I said I would but, didn¹t know when I would have the
Money to finish. First Payment due on Nov 1st, didn¹t arrive.
Called her she said she had the cash, on a Thursday, but also had Pneumonia, and would be home the next day, I called her, she was sick in bed, I told her to call me Monday, No Call. I sent her a demand letter
To send the payment for the home, the insurance payment, the lot
Deposit, and late fees(25.00 on 5th day, 2.00 per day thereafter).
No money was sent. I called her and she says she has filed a claim
Against me for 1300.00 dollars, and I will be served soon.
She says she has the money but, will not send it to me and that she talked
To her lawyer and that is legal. She said that since I didn¹t come pick up
The money when she offered it¹s my fault, not hers.

I offered several solutions, I had a guy that would refiance her and pay me off, I offered her cash back at closing if she would do that, No Go.
I told her that when she sent me the payment, I would come finish the work
On her home, No Go.
She says she want her money and to move out, and will not communicate
To me any further.

What would you do? The result I want is to get her out with my home in
One piece and quickly resell it, But, currently my pockets aren¹t deep with
Cash.

What I think my options are.

Avoid being served, and start the eviction\repossession process, and try to get her out of there.

Buy her out, I have no cash, and I¹m not sure she¹ll budge for less than her
Claim. She feels she has a good case.

How do you repossess and evict on personal property?

David Alexander


#3

Please, Constructive Criticism - Posted by David Alexnader

Posted by David Alexnader on November 22, 1998 at 24:01:48:

Or creative solutions. Pointing fingers will not help
me solve the problem.

David Alexander


#4

Re: Mobile Home Deal gone bad. Help? - Posted by Dirk Roach

Posted by Dirk Roach on November 21, 1998 at 19:47:18:

Always could flip this entire deal over to another Used Mobile Home dealler in your area. You get out from under it and your homeowner could renegaotiate with a fresh face.
And then you could move on to your next deal. Taking with you the lessons on this one.
Just a thought,
Dirk Roach


#5

Re: Mobile Home Deal gone bad. Help? - Posted by Rob FL

Posted by Rob FL on November 21, 1998 at 19:12:44:

Remember that your word is your bond. You agreed to do certain repairs and you should have fulfilled your promise even if you had to borrow money to do so. It sounds like you got in over your head. On my rental properties I pull out a 7 page lease agreement and tell the tenants the reason why it is a little long is because I don’t want there to be any misunderstandings. I must live up to my end of the bargain and they must live up to theirs.

Maybe you should sit down with her face to face and tell her the situation and try to renegotiate something that will be a happy medium for both of you. If not, I guess you have learned a hard lesson from the school of hard knocks.


#6

Re: Mobile Home Deal gone bad. Help? - Posted by JPiper

Posted by JPiper on November 21, 1998 at 15:59:42:

It looks to me like you have breached the original contract. I’m gathering that the modifications that you made regarding the original contract were not in writing and were not defined well. It looks to me like the buyer will have a valid claim against you.

To me I would guess that you have two courses of action. One is to resolve the situation with the buyer by performing your obligations, or negotiating some favorable resolution to the buyer’s unhappiness. The second is to give the buyer’s their money back.

In absence of either of these two, you could hire an attorney to defend yourself…a process that will cost more money and in all probability be resolved against you.

JPiper


#7

Re: Mobile Home Deal gone bad. Help? - Posted by Kevin(OK)

Posted by Kevin(OK) on November 21, 1998 at 07:43:34:

YOU breached the contract first and now you are complaining that she is suing you? Next time make sure you have the funds to complete what you promised. You turned what was probably going to be good payor into a no-wanter. This is a good lesson to everyone as to what not to do.

Kevin(OK)


#8

Re: Mobile Home Deal gone bad. Help? - Posted by Jackie in Dallas

Posted by Jackie in Dallas on November 21, 1998 at 24:06:08:

Call Texas Department of Housing and Community Affairs - they rule the roost when it comes to mobile homes - they can tell you what you need to do to get her out since she’s not paying.


#9

Re: Please, Constructive Criticism - Posted by Redline

Posted by Redline on November 22, 1998 at 13:16:39:

These guys (and gals) here are right … there is only two things you could do:

  1. Negotiate with them and make them happy.

  2. Get rid of the deal.

Anything else is going to cost you more money and more aggravation. Just do what it is they want and get it over with! Chalk it up to your education.

RL