Posted by Ed Copp (OH) on December 29, 2000 at 19:27:38:
If it is necessary to sue it might be necessary to do it in “big claims” court.
The loss is not $500 at all. It is ALL the profit that might have been made on this transaction, from now on. This would include any mark up on the mobile home for resale as well as any interest that might have been earned during the life of the note that could have been created in connection with this sale.
Depending on the resale market value of the mobile home, and the proposed interest charged (at least industry standard), the amount of potential profit that is being lost here could be many thousands of dollars (plus attorney fees).
So why would anyone want to give this deal away for a measley $500 ?
betcha never had this happen.i write up an accepted offer due to close in 30 days.its been 10 days.seller calls and seems hes decided to sell to someone else who offers him 500.more$.i tried to tell him we had a contract,if the new buyer wanted it he could buy from me.nope!his answer was i will return your money come get it!!!im on my way out!this was going to be my first lonnie deal…not everyone likes to play do they?i may be down but im not giving up.i did get some great calls on.it disturbs me on one call a man said it was illegal for me to say a mh under 86 can be moved and treatened to get my licensed taken from me.he was irrogant and rude.i thought it was ok if zoning would permit it.i know not everyone will accept the 76’s and older everywhere.what is the rule hes accusing me of trying to hide?am i wrong in what i said?
Re: seller dishonors my contract - Posted by Roger-TX
Posted by Roger-TX on January 01, 2001 at 16:04:43:
Was there a reason you wanted to close in 30 days? I try to get these deals done as soon as possible to avoid this problem. Unless there is a reason to delay it is best to close these within 24 hours. The longer you delay the more you risk the deal not getting done.
Sometimes you have to choose your battles. - Posted by Dirk Roach
Posted by Dirk Roach on December 28, 2000 at 18:29:06:
Hi Mary,
I have found sometimes, things are just more trouble than they are worth.
In theory I agree with everyone in that yes you have grounds to sue, etc.
And if this is a park that you do tons of business in etc. It might not be a bad idea. You know keep your reputation etc. On the other hand, I like to come off, in the parks that I deal in pretty laid back and accommodating.
I had this happen once to me. I simply went and voided the contract and got my 20 dollar deposit back. Now here is why.
a.) I never get emotional over a deal…never, it clouds judgment.
b.) Educating this particular dweeb, would have been a total INEFFECEINT USE OF MY TIME! So that month I only did 8 deals, as opposed to 9. You know it wasn’t worth the aggravation.
I remember the PM saying “Well I think it’s crappy what such and such did, you should sue him.”
“Why bother?”, I replied.
In the scheme of things it wasn’t worth the effort.
I’ll the powers that be worry about his Karma, me I have mobiles to sell.
You know though the funny thing about the whole deal is that I guess word got around to the people who bought the home, and they liked the park so much, that they wanted to know if I had any other homes for sale in there. I wound up selling two homes to their relatives which worked out. So you know, as the man says, it all comes around.
Dirk
Go straight to small claims court. Do not pass go. Sue him for $500.00 plus court costs. Once he has a nice, pretty judgement on his credit report he’ll be a lot less happy. People like this need to be punished as often and as repeatedly as necessary to show them that a contract cannot be broken with impunity.
You could sue the seller for breach of contract if you BOTH agreed to the terms of the contract and both SIGNED it. You don’t have to go get your money back.
And you CAN move any trailer that is older than a 1976 as long as they are up to code. You should check your local laws to see what the code is. Where I live the Dept. of Building Safety handles that but it may be a different dept. where you are. Call your local Dept. of Commerce and they should be able to tell you who to contact. Don’t take crap from anyone, but be sure you know your stuff too.
Posted by JHyre in Ohio on January 01, 2001 at 14:16:07:
and I don’t even need to pay others to sue, seeing as how I’m a lawyer and all. But I let most such incidents go…I can make more money doing other things with my time. The only exception is when someone has done something so offensive that money is not relevant. Only guy I’ve gone after to date is a contractor who took materials and cash for more materials and walked away with it…dumb move for me to trust him (I don’t do that anymore), but the blatent theft really hacked me off. Emotion won out…though I’ll make sure word gets around that I can hammer people who cheat me (if it’s worthwhile…).