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  1. #1

    Default Failure To Disclose That Air Units Are Not Allowed

    My question involves landlord-tenant law in the State of: Michigan.

    I purchased a mobile home close to two years ago. I purchased it from a mobile home realtor located in the park(I am not sure if they are affiliated).I paid cash for it so I own free and clear.
    When I purchased it, there were two(2) window unit air conditioners in the home.The realtor never mentioned that according to park rules they were not allowed. Before the home was sold, the park(who has this rule) supposedly did an inspection and passed it with the air conditioners.
    There are quite a few other homes that I had noticed that had them, so I never thought anything about it and since we were sold it like that I never gave it a thought.
    Last month in the rent notice, there was a paper about homes with window units. They were saying that if we signed a paper and registered the units,got their approved brackets and did not replace them we could keep them. This applied to homes that have had them since 2002. There was no clear explanation as to if that applied to original owners. Since we purchased in 2007 would we even be allowed?
    When I found out that they were'nt supposed to be allowed, I went back to their community guideline book, and sure enough, there it was, NO WINDOW units allowed. I don't know how I missed it.
    I would not have purchased this place, if I had of been infomed by the realtor, as in order to sell this place, you would need some form of air. Was it myresponsibilty to be aware of this or was realtor supposed to tell me. Do I have any kind of case? The park allowed this trailer to be sold, going against their own rules.
    The realtor also told us if we purchased the home and paid in full home insurance was advisable, but not necessary. So along with the air conditioning bombshell, the park also had the insurance issue come up. Insurance is required according to park. So that is two issues realto failed to inform me at all, or failed to be correct. I realize that mobile home park tenants ahave next to no rights. Go I have a case against park or realtor?
    As it is I can not sell this place without the air and I would have to shell out over two grand to have central installed. I am expected to take the loss which I think is unfair. Thanks

  2. #2
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    Default Re: Failure To Disclose That Air Units Are Not Allowed

    We haven't read the letter, obviously, so we can't tell you what it says. But if the reference is to homes that have had A/C units since 2002, then it would be reasonable to conclude that the measure is whether a home has had A/C units since 2002, not when it was last sold.

    You became a tenant of the park, right? That would have been the time to apprise yourself of park rules governing your tenancy.

  3. #3

    Default Re: Failure To Disclose That Air Units Are Not Allowed

    Hi Mr Knowitall, thank you for responding.
    So what you are saying, if I am getting it correctly, is that I should have addressed the issue when we moved in, right?
    We moved in here late 2006. The air conditioning problem did not arise until about a month ago, when they sent the letter saying in order to keep them,you have to register them and promise if they go out, not to replace them. So because I was'nt on the ball I take the loss. The realtor had no responsibility in informing us of it, and the park has no responsibility either, even though they paassed it for inspection, going against their own rules? The rules only apply to them and not us?
    As for the part about the cut off date off 2002, they did not clarify what exactly that meant, as to previous owner or persons who may have bought after 2002. They did not make thatvery clear.
    I do not want to sign something that is going to make me agree to their terms. I probably will be forced to, but I will note that on paper. Would that matter?
    Thanks for any additional response.
    I am just very aggitated in knowing that I paid the realtor for air conditioners, and when I do sell, in order to do that I will have to fork out the cash to have central installed because of their stupid rule. No one will buy without central.So I am stuck.The park passed it for sale to me, but when I sell, sorry, no can do, fork over the money.that would make anyone enraged.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Failure To Disclose That Air Units Are Not Allowed

    How did the park prevent you from reading your lease and the park rules, when you signed your lease? If they're letting you continue to use the units you have, how is the fact that they approved the units you are allowed to use prejudicial to your rights?

    If you want to hire a lawyer and sue everybody, that's your right in our open court system. I've shared my view; you are free to wait for other people to comment, or consult a local lawyer.

  5. #5

    Default Re: Failure To Disclose That Air Units Are Not Allowed

    I don't know what the broker was required to disclose or not. That would be a matter of state law and any licensing authority regulating your broker.

    Otherwise, I substantially agree with Mr. Knowitall, you should have carefully read the lease the trailer park was offering when you purchased the trailer. Since any previous lease involving the trailer would be binding on the person making the lease, and not on the trailer itself, you were free to move the trailer to another park, and may be again.

    Regarding the a/c units, if the trailer park has allowed you to have a/c units and never complained about it, then it is likely that the this "breach" would be considered "waived" or eliminated, unless your lease prohibits "permanent" waivers. So until the landlord complains or gives you a notice to stop breaching the lease by having those a/c units, there is no violation because the violation is "waived" for each rental period that passes before the landlord tries to enforce the lease when permanent waivers are prohibited.

    It sounds to me like the landlord knows about the waiver issue and is trying to bring gently "ease" every back into line, though the lease clause may now be unenforceable.

    You can fight your landlord, but if you may find that when your lease comes up for renewal that you won't get one or that you will be offered a very unfavorable lease.

    My suggestion, based on what we know here, is to forget the broker and comply with the landlord's wishes, enforceable or not, or consider moving your trailer. Maybe you can get all the trailer park's residents to rally against this, especially since this seemingly ridiculous rule can only make the park less desirable to live in. You also have the option to talk to the landlord or try to negotiate a resolution, for what it is worth.


    Also, be aware that trailer park leasing rules are usually somewhat different than residential leasing. You may find something in the law that trumps your landlord, or that something works slightly different than I have described.

    Good luck!

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