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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Question Breach of Contract to Purchase a Mobile Home

    My question involves real estate located in the State of: North Carolina

    To summarize, we signed a contract to buy a mobile home for a total of X for monthly payments of X amount. Basically, a rent-to-own contract even though the contract does not state that we are renting to own it, it only states that we are going to pay payments up until we own it. The owner, through email stated that the only repairs the home needed were the bath tub in the master bedroom to be hooked up and the plumbing was already intact and ready. Also, the house needed trim on the inside.

    After signing and getting a contractor and plumber to inspect it we were told that the bathroom needed a complete reconstruction because everything was done improperly and it was all unsafe. The walls were all done with the incorrect size drywall so the walls did not meet correctly. The home also turned out to be infested with fleas and ticks. Before you say it, I know we should've gotten a professional inspection before signing but obviously we know that now and shouldn't have taken their word for it.

    We decided to get out and stay with family, our dog was getting sick from all the bugs and with a baby on the way in a month.. there'd be no way we could afford the repairs to make it a safe place for our child. Now they want to sue us for breaking contract. What will happen if they do win? Will we be forced to abide by the contract and buy the property? Will they get the money and still get to keep the property? We technically still have 8 days to pay the down payment as stated in the contract but they've already changed the locks and reclaimed ownership, does that mean they broke the contract?

    Sorry for the length, I tried to summarize.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,314

    Default Re: May Be Getting Sued for Breaking Contract, Not Sure of the Possible Outcome

    Will we be forced to abide by the contract and buy the property?
    that is a possibility

    Will they get the money and still get to keep the property?
    if you mean all the money, no. They do not get both the property and the money you agreed to pay for it to purchase it.

    We technically still have 8 days to pay the down payment as stated in the contract but they've already changed the locks and reclaimed ownership, does that mean they broke the contract?
    if you told them you are reneging on the contract, no, they are not breaking the contract. You already did that. They are simply attempting to secure the property to prevent damages.

    I suspect if you lay out the down payment they will turn the unit over to you. If they didn't, then you would have a cause of action to either rescind the sale or demand performance of the contract.

    the problem: nobody here has read your contract so exactly what you can do or what the owner can do cannot be accurately determined.

    It sounds like it would be worth paying a lawyer to read your contract and give you an opinion of what you can and cannot do.

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