I am in a lease option on a mobile home. I gave the owner $4000. down and all my payments are going towards the purchase price. This guy has taken advantage of me . He did not disclose the fact that the roof was leaking before I signed the contract, I have witnesses that he was aware of this . Also he does not have a title registered with the county in his name , only a signed over title. He has had possesion of it for years . I assume he is trying to avoid paying sales tax and /or having property in his name . This has been a scam he continues to do over and over again. He gets someone in here with a down finds a way to evict them so he can scam someone else!! I signed the contract in Nov. 2012 with a move in date of Jan. 5th 2013. The home was in bad shape when I came to look at it but I saw it’s potential , not knowing about the leaking roof . He was supposed to use some of the down to fix up the place not to mention all of the materials I aquired such as carpet,sink,tile,garbage disposal ,dishwasher etc. he would come to “work on the place” and drink alot instead. He did a terrible job on what he did do, did not fix everthing he said he would . unfortunatley this was verbal not in writing. Then I was not able to move in till 2 weeks after agreed date. Just recentley I was going through financial problems I contacted him to let him know about my situation. I got a written agreement that I would pay him $100. and $300. on the 9th of July 2013. He was not home that night so I waited for him to call. He called on the 12th raising hell saying I owe him all kinds of money from before I moved in and late fees. $1735. total that he just wants possesion. I told him I have a $300. moneyorder that I still have !! He refused said he wanted more money and late fees , now he is trying to evict me!!!I am a single mom of three girls ,He has taken advantage of me and made my life so stressfull !!What can I do? Is what he has done illegal? What are my defenses?
I don’t think you’ll appreciate my advice, but here goes…
Fearing sounding harsh and insensitive, I suspect you’re looking as much for sympathy, as for a solution.
You optioned the coach subject to some repairs. The repairs were done poorly. You discovered the roof leaks. So, your options include:
- Accepting the roof and repairs.
- Demanding the repairs be done correctly and the roof be fixed.
- Abandon your option.
An “Option” means you have the ‘option’ to buy, but not an obligation.
Meantime, your financial difficulties are not the seller’s problem to solve. They’re yours.
The seller may be doing all the things you say, and may have taken advantage of your ignorance and inexperience.
However, now you have the experience, and are no longer ignorant.
The question boils down to, “Are you going to abide by the lease/option terms you agreed to, or not?”
If not, then the Optionor’s got the right to:
- Extinguish your option.
- Cancel your lease.
- Evict you for non-payment.
- Repossess the coach.
P.S. Assuming the seller is a crook, and cultivating a default, so he can evict you, and then repeat the process; you’re not likely to outsmart this guy, and it’s best to cut your losses.
Meanwhile, creating all sorts of extra drama and trauma by confusing the issue over quality of repairs, leaky roof, seller’s intent and motivations, who was witness to what and where and when, and what not, is not going to solve your problem. Your issue is whether you’re going to meet the lease/option terms or not. If not, you know the answer to your question.
If this were me, and my train was derailing like this, I would consider jumping off, before it hit the curve. Then I would use the experience to make better distinctions regarding the next train I board. Just saying.
I would contact a legal aid department near where you live. I have read many articles about how you can make money in mobile homes and this is one method. Not all mobile home (lease/option) sellers are this rough on buyers. Chances are that the seller has an ironclad contract that Javipa suggested and you may have an up hill battle. I hate to see someone loose the money they invested. I did not understand how much of the money you owed him was in late fee’s and how much went toward the payment. Most courts won’t allow huge late fees if it goes to court. It really sounds like you may need legal advice.
good luck
randyscott
As for the present position it is better take legal help. But it should always be borne in mind before booking a rented house or house on lease, the place should be checked. And the most important point is to have authentic document mentioning all the pros and cons.
Thanks…
Javipa really did nail the issue on the head. You have to first decide if you are willing to “fight” for the property. Do you really want the property, even if it is “As Is”? Regardless of the “non-disclosure” of the roof leak, you still have to decide if you want to stay.
If you do not want to stay because (1) the property condition or (2) you are unable to financially afford to stay, then your best bet would be to cut your losses and move on. You will, however, lose the $4,000 down payment and all past payments (unless your contract reads differently).
If you want the property, then you need to do everything in your power to first meet your financial obligations as dictated in your contract. Once you do that, then you can work on the repairs. Make sure from now on that EVERYTHING is in writing.