How to get manufacturer of a mobile home to make repairs?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to get manufacturer of a mobile home to make repairs?
I own a double-wide trailer. We have been having some major problems with our mobile home. We contacted the people who manufactured our home and they do not want to do anything about it. We have since talked to our mortgage company and they had an insurance home inspector check it out. The inspector did say that its the manufacturer’s fault. I myself and my family (wife and daughter) would like to know what can we do?
Asked on October 5, 2010 under General Practice, New Hampshire
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If there is an existing contract between you and the manufacturer of the mobile home, you could sue the manufacturer for breach of contract.
Is the mobile home under warranty? If there is an express warranty that is still in effect, you could sue the manufacturer for breach of the warranty.
You could also sue the manufacturer for breach of implied warranty. There are two types of implied warranties which would be applicable as the basis of your lawsuit. First, there is breach of the implied warranty of merchantability. This means that the mobile home has to be of a quality acceptable in the trade. The "major problems" would provide evidence that the manufacturer has breached the implied warranty of merchantability because the mobile home is not of an acceptable quality in the trade. Second, there is also an implied warranty of fitness for a particular purpose. The manufacturer breached the implied warranty of fitness for a particular purpose if the "major problems" are preventing you from using the mobile home for its intended purpose as a residence or a vehicle, etc.
You would file one lawsuit against the manufacturer in which each of the above would be separate causes of action (claims) in your lawsuit.
Another potential cause of action(claim) in your lawsuit against the manufacturer would be negligence based on products liability. Products liability is an area of law dealing with defective products. In a products liability claim, you could sue the manufacturer and the seller of the mobile home even if the seller had no knowledge that the mobile home was defective.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.