Dealer Falsified Year on Mobile Home Contract

**Puppybutt** · 05-30-2010, 02:48 PM

My question involves a consumer law issue in the State of: Tennessee
I purchased a new mobile home from Oakwood Co. November 1997. I was told by the salesman that all mobile homes sold since Oct. were going to be 1998 model year units. I stressed from the moment we started talking that I wanted to make sure I purchased a 1998 model. That assured me that was the case especially since I was ordering one and not buying off the lot. My contract also says it is a 1998 model but after having to switch insurance carriers I was informed that it was in fact a 1997 model. That shows on the title and in the serial number. I was told by my insurance company that I was taken and to much time has elapsed since the purchase. Is there any law against this? I've tried Google but I apparently cannot word it correctly. I find nothing pertaining to it.

**Who'sThatGuy** · 05-30-2010, 05:31 PM

Do you have the contract/bill of sale from 1997 when you bought the home? That would be a place to start.

**Mr. Knowitall** · 05-30-2010, 09:49 PM

You purchased the mobile home new in 1997, and have only just discovered this issue? I suspect that the statute of limitations ran on any claim against the dealer somewhere around 2003.

**Puppybutt** · 06-01-2010, 09:17 PM

Quoting Who'sThatGuy

Do you have the contract/bill of sale from 1997 when you bought the home? That would be a place to start.

Yes, I have the contract and other documentation. All of it says 1998.

**KeyWestDan** · 06-02-2010, 02:23 AM

The statute of limitations has run.

Fraud and later discovery can sometimes delay the start of the statute of limitations, though this is usually in medical cases. I have no idea what the case law in your state might allow and could care less as this all a waste of time.

I seriously doubt you could ever prove enough in the way of damages at this late date to make it worth filing and fighting the statute of limitations defense, and then if you win that, to go on to a trial.

Had you tried selling the motor home after a few years and discovered the error/fraud and that it reduced the value, then you'd have some provable damages. As you did not sell it, and after all these years, the one year difference in actual age isn't going to make much of a difference at all in the case of a sale (especially in this economy), you have nothing to sue for. As you didn't sell it, you have no damages at all that can be proven.

In summary, a total waste of time.