What to do about a water softener rental that was not disclosed by the seller?
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What to do about a water softener rental that was not disclosed by the seller?
I recently bought a mobile home and land from an individual. We were under the assumption that we owned the water softener, as the previous owner never told us otherwise, but according to the water softener company it is a rental. Either we pay a months fee, plus the salt or they are going to disconnect it and remove it. Can they do that?
Asked on July 18, 2011 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In most States in this country, the seller of real property or even a manufactured home is required to disclose all known problems with what is being sold or other information that would be material in the purchase of the item to a prospective purchaser.
I presume that there was no disclosure by the seller to you before sale that the water softener was being rented and not owned? If so, what "value" does this non-disclosure have upon the total purchase price of the manufactured home? Probably not much.
You have a situation where a wrong was committed by the seller by not disclosing the rental of the water softener, but proving damages is hard as to the total purchase price's reduction of the mobile home if that fact had been disclosed.
If the water softener is being rented, the company renting the system can remove it if you are got going to pay for the product.
Good luck.
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