Contract for title

[JADEDBLISS]

What is the name of your state (only U.S. law)? OKLAHOMA

Can i get out of a contract for title agreement on a mobile home i purchased in yukon oklahoma without being sued?
As far as i can tell there is no record at the clerks office in my county of this home.
The seller is out of state, and the lot manager is the one that showed me/sold me the home.
I dont care about losing the down payment or rent or repairs that i have had to make.
i had to make numerous very costly repairs that were not disclosed to me at time of purchase, but had to have been known at the very least by the lot manager.
and the list just continues to grow. i am talking about replacing all the plumbing $1400 which i paid, the furnace is in not working and needs to be replaced $2600, fixing a heating element on the furnace which i paid $300 for and it ended up not even being the problem, so no heat or air, the ducts under the house are just laying on the ground, in some area holes are in the floor boards, dishwasher and garbage disposal do not work, no lights in the only working bathroom and hallway, 2nd bathroom does not work at all, mold in the walls master bedroom, and now the walls in the living room under the window air conditioner are crumbling and literally have holes in them. there are many more problems that i dont even want to get into, i just want out of this, so i can rent an apartment for me and my kid now. I am willing to give notice and leave it clean when i move, i just dont want to be sued or end up being responsible for the total amount owed on this place.
Anyone have any advice?

 

[Zigner]

We cannot predict if you will be sued.

I would suggest that you speak with a local real estate attorney about your situation. You will want to have a copy of your contract nearby.

 

[latigo]

What is the name of your state (only U.S. law)? OKLAHOMA

Can i get out of a contract for title agreement on a mobile home i purchased in yukon oklahoma without being sued?

As far as i can tell there is no record at the clerks office in my county of this home.
The seller is out of state, and the lot manager is the one that showed me/sold me the home.

I dont care about losing the down payment or rent or repairs that i have had to make.

i had to make numerous very costly repairs that were not disclosed to me at time of purchase, but had to have been known at the very least by the lot manager.
and the list just continues to grow.

i am talking about replacing all the plumbing $1400 which i paid, the furnace is in not working and needs to be replaced $2600, fixing a heating element on the furnace which i paid $300 for and it ended up not even being the problem, so no heat or air, the ducts under the house are just laying on the ground, in some area holes are in the floor boards, dishwasher and garbage disposal do not work, no lights in the only working bathroom and hallway, 2nd bathroom does not work at all, mold in the walls master bedroom, and now the walls in the living room under the window air conditioner are crumbling and literally have holes in them.

there are many more problems that i dont even want to get into, i just want out of this, so i can rent an apartment for me and my kid now. I am willing to give notice and leave it clean when i move,

i just dont want to be sued or end up being responsible for the total amount owed on this place.
Anyone have any advice?

The first issue to resolve is whether or not a contract exists between you and the owner of the mobile home. And it can’t be resolved from what you tell us. Because all we are told is that the “lot manager” agreed to sell it to you.

So what if any authority did the lot manager possess? Do you know? Did you think to question the fact that you were not dealing directly with the purported owner? Did the lot manager show you a power of attorney? And if so, what if anything was stated with respect to the unit?

What powers if anything were granted the lot manager? Were you able to verify the grantor’s signature to any such POA? How as the unit identified?

Do you even know the name of the owner? Have you seen any paperwork connecting anyone with the unit’s registration/Model No./Serial No.? To whom have you been making payments against the stated price? And where is the selling price documented? In what form?

If a binding agreement does exist between you and the owner – either directly with the owner or through the agency of the lot manager – you undoubtedly bought the unit as it was. Giving you no recourse to recoup the expenses incurred in repairs and renovating. You certainly didn't do what ever you did do with respect to a purchase of a second hand mobile home SIGHT UNSEEN!

 

[JADEDBLISS]

contract for title

Yes i know the sellers name. I did not at time of purchase however. And yes i should of asked some of the questions you mentioned but like most ppl who have never bought anything major, i didnt know what to ask, and i trusted the lot manager. I didnt buy it sight unseen. I was told i would only have to fix air conditioner and was ok with that. I certainly didnt crawl under the house or anything like that and naturally the lot manager didnt have electricity or water on. As i stated earlier i am not trying to recover
Any money. I just want to move out. Yes it was sold as is, no as far as i know lot manager doesnt have poa, i pay the seller trust company fbo sellers name, i.r.a. there is no listing at county clerks office of any title.

Do i need to get a lawyer to get out of this place or am i stuck here? .

 

[tranquility]

It seems a good idea to bring all your paperwork to an attorney if you want to try to salvage something from the largest purchase you've ever made.

 

[JADEDBLISS]

contract for title

Also, i did sign a contract in the lot managers office weeks after i put down payment etc. I mean its about 8 pages long. There is a title for contract disclosure statement, just hand typed and an amortization sheet. Nothing that looks like a legal document like court papers are. That may not make a difference however.
I'd like to know if i default which i have never been late with payments, if he can just keep this place and my payments and i can just move.
The seller signed only one page at end of contract, nothing else. I have no other paper work.

 

[JADEDBLISS]

contract for title

Thank you all for your help. Again let me re-itterate, i am NOT trying to recover any money i have paid into it, i have only lived here for 7 months. I just want to give it back and move out without being sued. I have found out recently that several ppl luved here before me and they left as well, due to extensive repairs just to make it habitable.

 

[latigo]

Yes i know the sellers name. I did not at time of purchase however.

Then what you are saying is that at the time you put your name on the line as the buyer and put down the money, you didn’t know in whose name the unit was titled or whom you were dealing with as the purported owner/seller.

I understand that you are a bit green with such doings, but isn’t that displaying a rather stark shade of green?

I have to back track to recall to you what I originally stated, or intended to state, that the only way you are going to get out of this thing is to find that you never got into it. And what cued that was your telling us that you bought the mobile home from the “lot manager”.

But now you tell us that it was the seller and not the lot manager that signed the contract.

And since you don’t mention any strangers coming around and asking why you are living in THEIR mobile and not paying them rent, or some repo guy coming to cart it off, it seems safe to assume that they guy that signed the contract as seller owned it free and clear.

That said, can you walk away from the deal Scott free?

That would depend on the language in the contract that define the seller’s options in case of default and which of those options the seller elects to pursue.

If the contract is one of a conditional sale in which the seller retains title and can repossess the unit upon default (most common) AND the seller decides to take it back and forfeit your buyer’s interest, he could not then hold you accountable for the balance of the purchase price.

And inasmuch as you have invested considerable time and money in making the unit livable, perhaps that might be the most favorable option for the seller; to retake possession of the unit. Which would let you off of the hook for the balance.

On the other hand the seller could affirm the contract and hold you accountable for the balance.

However, in no event could you recoup any of your costs toward the improvements.

But let me ask you this. Can you justify walking out on the contract after investing so much rendering it habitable and take the risk of the seller holding you civilly liable to pay the balance?

These are just some thoughts. To know where you stand legally you need to have your attorney look at all the paperwork related not only to the purchase but the purported seller’s title. Also, what if any representations or warranties were made as to the unit’s condition.