Expert: Dick Dennis - 10/26/2007

Question
QUESTION: I have a problem I have moved to Washington State on June 2007. I was interested in purchasing a mobile home. I gave the owner $3000.00 which the mobile home was total at $6500.00. Since then I have accumulated water leaks problems. The owner hasn't done anything to fix up the problem, but said he will. It is now October 2007 and I am fed up with the problems I have accumulated since June 2007. The problem here is the owner and I haven't signed no paperworks of such. I don't have a lease, contract, or no agreement that I signed or he has given to me. I don't feel obligated to continue to purchase this home. When I am not satisfied with the service, communication, and then with no kind of documents. I pay the lot monthly to the landlord who manages the property, and even with that I don't have no kind of documents. The landlord said she will let me off the property if the owner wrote in black and white that I am not responsible of the lot payment once I moved out. The owner is now telling me that I can not move out and I would have to pay the balance on the mobile home. This water leakage has been really bad and is now spreading through out the home. I have my mother living with me and I am thinking about her health condition. I will like to move out in the middle of November 2007, but the owner is giving me a hard time. If I wasn't going to purchase this mobile home, the rent would have been $550.00 a month..Any answers will help! Mind that I do not have no kinds of documents of such, and I have never signed any documents. The only paper I have signed was with the land lord who I pay a monthly fee to for the lot, and even with that it was a paper to run a credit and background check!

ANSWER: This is not a real estate question, Gerrianne. It is a Dept. of Motor Vehicles question. However, you must remember this for the rest of your life: If it is not in writing, it was never said! You could walk away from that mobile home and not have to worry about any more payments.
Or you can take the matter to small claims court, but be aware the judge may require some proof that the mobile home was indeed sold to you. The only thing you have for proof are your cancelled checks made out to the seller. In suing the seller you would want the return of your original $3,000. An attorney may not take this case because of the small amount involved.

You might want to write a letter to the seller saying that since he did not give you a signed document of any kind saying he was selling the mobile home to you, you are walking away and cancelling any verbal agreement that was made. In order to not lose the rest of the money you may owe, he might indeed write something up. To make sure you are not getting into a deeper hole, I would bring the document(s) to an attorney for your approval. I do wish you well.

Dick Dennis

---------- FOLLOW-UP ----------

QUESTION: Thank you for responding back. Today the owner and I have met to talk about the issue. He said that I wasn't able to get out of it, and that I need to pay the remainding balance for the mobile home. The problem here is there were no paper works of such, it was more like a verbal communication. I am really stuck in the middle because I don't know how the Washington State law goes about. He said that I didn't need no kind of documents, because it was all being said. I just want to canceal out in this purchase and move out. He said he would take care of this water issue and still want the balance owed on this mobile home.

Answer
He is bluffing you, Gerrianne. If you choose to walk away from it, you certainly may. But you will lose your $3,000. Don't let him bamboozle you. However, if you want that mobile home then you tell him to put the purchase agreement on paper, including fixing the water situation. When he has done so to your satisfaction, then you can continue to pay him each month. DON'T LET HIM RUN OVER YOU, Gerrianne! He is wrong and he knows it. You can bluff him back that you are going to take him to small claims court and let the judge decide if he is running a scam or not. Watch how fast he puts it all in writing and fixes the water situation. You really have him over a barrel. Don't pay him another dime until he fixes everything that he said he would. I do wish you well.

Dick Dennis          dixiedee13@aol.com