Mobile home Buyer doesn't want it after all, wants money back

Mobile home Buyer doesn't want it after all, wants money back

Member since 2020 · 34 posts · 0 votes

Hello everyone, my mom 67 yrs old sold her mobile home AS IS contract (buyer was aware) all documents where fill out, Bill of Sale, Certificate of Title, Registration Card, The buyer just needs to pay the Tax and send all the paperwork to change it to her (buyers) name. buyer had paid $35,000 already, she qualify at the mobile home park now she's living there for 1 week. Now she said she changed her mind and wants the $35,000 back. She started painting and doing repairs in the Kitchen,also painted some walls. Now she's saying for my mom to take the home back and pay her back the $35,000 when it was a done deal already. She saying because the Mobile Home needs repairs. We had told her it sold AS IS and she had agree to that and have the AS IS 3 documents signed by her the buyer and my mom the seller. 3 different ones where it explain that my mom is except from any future expenses, repairs. She's trying to stress us out and saying that she's going to hire a inspector now. We did everything right it's just that she went behind her husband and made this purchase under her 21 yr old daughter name because she was going to leave him. Now she took him back and now she wants the money back.  What can we do? Any advice? My mom doesn't want the mobile home back and go through all the paperwork hassle. Any advice? Can she sue us? can the contract be voided after closing? there was no escrow it was a sale from seller to buyer only. 

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Real Estate Broker · Sacramento, CA · Member since 2016 · 26 posts · 14 votes
6y

Sorry to hear about your mother's unfortunate situation @Elizabeth Hernandez. It sounds like you may need to wait and see if the buyer is actually going to take action. As @Rachel H. mentioned it may not be a bad idea to consult with an attorney, just to have your ducks in a row. I would be happy to refer you to my real estate attorney if you're interested.  Good luck!

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  • Member since 2020 · 34 posts · 0 votes
    6y

    Forgot to mention The Buyer signed the contract AS IS, all required documents and paid the $35,000 on May 20, 2020 its been almost a month shes been living at the mobile home park for 1 week already.

  • San Antonio, TX · Member since 2009 · 3k+ posts · 1k+ votes
    6y

    @Elizabeth Hernandez If you have all the documents to prove your case, the buyer will need to bring the matter to court. In many areas, there usually is a "right of recission period" to cancel certain types of transactions. Though, it's usually just a couple of days. 

    If you feel confident about your documents and have done everything right, I wouldn't worry about it. It will be up to the buyer to file a case and bring you to court. If you need peace of mind, you can always talk to an attorney to get further advice before anything else happens. 

    Hope that helps! 

  • Member since 2020 · 34 posts · 0 votes
    6y
    Thanks Everyone for all your advice. Were also worried because (my mom) the seller and the buyer went to get the Tax Clearance Certificate everything on my moms name is clear and paid up to date. But the buyer didn't have the Tax payment $500 at that time, we went to the County of Fresno to get the Tax Clearance Certificate. So they told her (the new buyer) that she can go back to give the payment on a later day. Up to now she hasn't gone back to give the payment so she can't get the Tax Clearance Certificate under her name as a New Owner, she needs to go pay it in full. She has the originals Certificate of title signed and the registration card and all the other original documents she needs to send to Sacramento but she hasn't and doesn't want to. My mom won't get in trouble because the new buyer hasn't paid the New Tax due to get the New Tax Clearance Certificate and the buyer hasn't send all that paperwork required for my moms name to be removed and the buyer to be added as the new owner? Any advice will help. Thanks
  • Investor · Sacramento, CA · Member since 2016 · 96 posts · 41 votes
    6y

    At this point I don't think I would do anything.  I'm not sure I understand the situation with the taxes.  Was your mom behind on her taxes when the mobile home was sold?  

  • Investor · Roanoke, VA · Member since 2012 · 1k+ posts · 374 votes
    6y

    I would negotiate with them to buy it back and resell Elizabeth Hernandez

    @Elizabeth Hernandez

  • Member since 2020 · 34 posts · 0 votes
    6y

    This was my mom's mobile home. We can't my mom is a senior 67 yrs old her income doesn't qualify her to live at the mobile home park anymore. I don't live there with her I have my own home.

  • Member since 2020 · 34 posts · 0 votes
    6y
    Dave Peterson, No My mom always paid the Taxes on time and lived there for 15 yrs the Taxes are up to date. The County of Fresno said the Fee is for the New Buyer the taxes are paid upfront they are for May 2020 to December 2020. My mom sold the mobile home in May 20, 2020. The County also said that who ever paid will probably get a refund back from that amount.
  • Investor · Sacramento, CA · Member since 2016 · 96 posts · 41 votes
    6y

    Hi Elizabeth.  As I said above, unless you get sued, I don't think you need to do anything.  I don't think the unpaid taxes will affect your mother in any way.  I would assume at some point the county will seize the mobile home if the new owner doesn't eventually pay the taxes.  If they sue, then you can talk to an attorney.  But until that happens, there is no need to spend money on that.

  • Member since 2020 · 34 posts · 0 votes
    6y

    Dave Peterson, Thank you I understand. We still need to get my mom name as remove as The Owner of the property because we want to buy a house with her and the social security department said she can't have 2 properties under her name. That's why its urgent to get this problem out of the way. Also, the Buyer has a contract in the Mobile Home Park Community. I talked to the manager and she told me that in their eyes the new buyer is the New Owner, but in Sacramento and in Fresno County my mom is still as the Owner until the buyer pays the taxes and all the documents required to add her as The New Owner at Housing & Community in Sacramento. So if the buyer stops paying the Rent in the Mobile Home Park Community and looses the Home. The Buyer would be the one who lost this Mobile Home and my mom will still keep the $35,000 and if they go to court my mom will win because the Buyer abandon the Mobile Home? This problem is keeping my mom from buying a home until this issue is resolved. I really hope it will be a fast and easy process.

  • Member since 2020 · 34 posts · 0 votes
    6y

    Dave Peterson, Thank you for your help and advice!

  • Investor · Sacramento, CA · Member since 2016 · 96 posts · 41 votes
    6y

    I would contact Housing & Community in Sacramento and see if you can regenerate the needed documents to file.  I would think if you can show them the signed purchase agreement, that would satisfy them.  It sounds like the taxes are paid through Dec 2020 so I don't know why that would be an issue.  But if they want a tax payment, I would make it just to get the paperwork completed.  It sounds like the buyer has signed an agreement with the Park to pay lot rent, so I see no issues with that.  If they stop paying rent and lose the mobile home, that should have no impact on your mom.





  • Member since 2020 · 34 posts · 0 votes
    6y

    Ok Thank you so much! 

  • Real Estate Broker · Sacramento, CA · Member since 2016 · 26 posts · 14 votes
    6y

    Sorry to hear about your mother's unfortunate situation @Elizabeth Hernandez. It sounds like you may need to wait and see if the buyer is actually going to take action. As @Rachel H. mentioned it may not be a bad idea to consult with an attorney, just to have your ducks in a row. I would be happy to refer you to my real estate attorney if you're interested.  Good luck!

  • Member since 2020 · 34 posts · 0 votes
    6y

    Thank you so much! Roxanne Oh! We have a Real Estate Attorney now, we went yesterday. He said to wait 1 wk that he’s going to send her a letter saying that she needs to pay the $560 Tax Payment and send all the required documents and to switch the Mobile Home to her name as the New Owner as stated and signed by the buyer that she needs to finish her part of the contract. The Lawyer said for my mom to wait 1 week to see the buyer’s response and after that if the buyer doesn’t pay the taxes my mom can go pay it and add it to the small claims that the buyer owes and needs to pay $5,560 to my mom. He saw all the signed documents and he said that everything looked good, great work on having all the documents signed and a written statement on her own writing we’re she states that she paid $35,000 and owes $5,000 still and will be giving the payments of $300 on the 17th of each month. So we just have to wait 1 week. Thank you for your advice I really appreciate your time! 

  • Member since 2020 · 34 posts · 0 votes
    6y

    I have a question so all the paperwork and contract was complete with buyer and sellers signatures both present at the same time, dates, etc. This form was accidentally not included by the seller. Will not including this form NATURAL HAZARD DISCLOSURE STATEMENT accidentally cancel a purchase agreement contract? if 27 days since the contract date was done. It was sold for Sale By Owner. 

  • Member since 2020 · 34 posts · 0 votes
    6y

    I have a question so all the paperwork and contract was complete with buyer and sellers signatures both present at the same time, dates, etc. This form was accidentally not included by the seller. Will not including this form NATURAL HAZARD DISCLOSURE STATEMENT accidentally cancel a purchase agreement contract? if 27 days since the contract date was done. It was sold for Sale By Owner in CALIFORNIA.

  • Investor · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
    6y

    @Elizabeth Hernandez typically, missing one document during sale doesn’t invalidate the whole sale. There’s often am errors and omissions section in the contract which compels both parties to handle any missed pieces, etc. But I don’t know anything about CA mobile home contexts specifically.

    it sounds like you’re in the clear, and happy to have an attorney working with you in the tax issue.

  • Member since 2020 · 34 posts · 0 votes
    6y

    Hello Everyone, Thank you so much for your advice! We appreciate your time and attention. So both parties seller and buyer have a Real Estate Lawyer now. Lie #1. The buyer lied to her attorney and said my mom had a high outstanding property tax due. That is a big lie the Mobile Home property taxes are paid and are up to date to June 30th, 2020. After that date the Buyer needed to pay as she would be living in that property. On May 26th, 2020 the buyer and seller presented themselves there and the County of Fresno Tax Collector said that because the sale was on May 20, 2020 the buyer needed to pay the upfront Tax fees of $560 for $40,000 of the purchase (It will count from (June 2020-to Dec 2020) the buyer said she will go back to pay that money, because the buyer will be living in the property during that time from June to Dec 2020. They moved in until June 10th 2020 because they were waiting on the mobile home Park Manager for their background check to be approved and cleared. They had passed their credit check and their income was approved to live there on May 21st, 2020 before their closing date. Lie #2. Another lie she said to The Attorney that we didn’t give her any of these documents which is not true. We gave her The Real Estate Transfer Disclosure Statement, Statement of Facts-Smoke Detector, the only document the seller accidentally missed to give out to the buyer was the Natural Hazard Disclosure Statement. Lie # 3. She’s also saying that Mobile Home has an un-permitted addition this extra room is a covered porch turn into storage space which is allowed. And that why she paid extra money for that un permitted room lie. We had asked the previous manager of the mobile park years ago if we can do this and she said yes. Lie #4. We asked the buyer if she wanted a gentleman to stay there’s to rent one of her rooms and she said yes. Now she’s saying we requested that this stranger to remain in her mobile home she was free to choose so we can let him know to move out. We asked her is she wanted him to move out? and she said No because he would use him to help her pay the Mobile Home Park rent. Lie #5 
    The Closing date was before May 22nd, 2020. She said the seller failed to deliver the property to the buyer. The seller wasn’t at fault The buyer could not move into the Mobile Home Park until her credit check, income was checked and approved. They moved in until June 10th 2020 because they were waiting on the mobile home Park Manager for their background check to be approved and cleared. They had passed their credit check and their income was approved to live there on May 21st, 2020 before their closing date. The background check was approved until June 8th 2020. My mom has asked her on May 20, 2020 when she wanted the seller to move out but she said for her to stay until the background check was approved so the mobile home Park Manager said my mom has to pay the Rent for June 1st, 2020. The mobile home Park Manager said the buyer can refund my mom the money on June 2020 right after she moves in. The keys were given to her on June 9th, 2020 and she moved in on June 10th, 2020. I feel like she’s making stuff up and lying to her attorney to cancel due to Breach of Contract and to obtain the reimbursement of $35,000 no later than July 10th, 2020. Please help us to be at Peace. Does this Buyer have a case on your experiences? I knew for sure she’s lying. Any advice on what documents we should have in hand for this case. My mom is 67 yrs old she doesn’t want any problems and she doesn’t want to go to court she wants Peace. 



  • Member since 2022 · 3 posts · 0 votes
    4y

    I bought a mobile home I'm from Massachusetts and bought it on line from Florida.. I put 1000 down for the mobile home it cost 6000. my friend went to see it he said it was flea infested. So I told him I didn't want it I want my money back three weeks later. He been saying ok for two months and still hasn't gave me my money back. Am I in the rite to sue. And what should I do?

  • Member since 2022 · 3 posts · 0 votes
    4y
    Quote from @Angel Martinez:

    I bought a mobile home I'm from Massachusetts and bought it on line from Florida.. I put 1000 down for the mobile home it cost 6000. my friend went to see it he said it was flea infested. So I told him I didn't want it I want my money back three weeks later. He been saying ok for two months and still hasn't gave me my money back. Am I in the rite to sue. And what should I do?


     Is there any laws you can send me about that so I can do my homework plz

  • Member since 2022 · 3 posts · 0 votes
    4y

    I bought a mobile home I'm from Massachusetts and bought it on line from Florida.. I put 1000 down for the mobile home it cost 6000. my friend went to see it he said it was flea infested. So I told him I didn't want it I want my money back three weeks later. He been saying ok for two months and still hasn't gave me my money back. Am I in the rite to sue. And what should I do?

  • Lien VuongBusiness Member
    Real Estate Agent · Boston, MA · Member since 2018 · 2k+ posts · 1k+ votes
    4y

    You can go to Civil Court but if you had the contingency in your sales contract, it is your legal right to get the deposit returned. 

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