Mobilehome Buyer doesn't want it after all, She wants money back

Mobilehome Buyer doesn't want it after all, She 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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Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
6y
Originally posted by @Elizabeth Hernandez:

...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 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... 

Oh the Drama of it all!

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  • Joshua DiazPro Member
    Rental Property Investor · Bronx, NY · Member since 2015 · 269 posts · 165 votes
    6y

    @Elizabeth Hernandez

    Sounds like buyers remorse to me. I’m no lawyer but it looks like your mom covered all her bases. I’d still double check but I don’t see what this other person can do. The deal is done.

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

    Thank you Joshua for your comforting words. tomorrow I’m going to call a real estate Lawyer so I can show him all the paperwork asap. We know we did everything right but for peace of mind we want to make sure the buyer cannot sue us and make up excuses. Literally I have 1 contract and 3 papers that say sold AS IS signed by the buyer. 

  • Investor · Durham, NC · Member since 2013 · 62 posts · 40 votes
    6y

    Depending on the state law, the buyer may have 3 business days to back out of a contract. Sounds like you are beyond that. I would check with an attorney. Since a mobile home is chattel and not real estate, this transaction will probably be treated like the sale of a vehicle. I’m no attorney, but it sounds like the buyer has no leg to stand on in backing out.

  • Specialist · Springfield, IL · Member since 2011 · 700 posts · 479 votes
    6y

    You are already seeking legal advice so listen to them. I, and my staff, have sold over 15,000 homes from 1975 to 2008 and have never taken a home back - new or used. We did this in a number of states. Your buyer is deluded if all of your paperwork is correct.

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    6y
    Originally posted by @Elizabeth Hernandez:

    ...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 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... 

    Oh the Drama of it all!

  • 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

  • Real Estate Agent · Fresno, CA · Member since 2014 · 368 posts · 174 votes
    6y

    @Elizabeth Hernandez sounds like you may just need to let it play out at this point. You've already spoken with a lawyer so if they say you are good then you are ok.  The only thing I can think of where your mom may be liable is that since she is still on title and someone were to get hurt on the property they may be able to sue her insurance.  I believe that since a mobile home is personal property you can release your title to the property online even if the new buyer hasn't sent in the new registration, similar to selling a vehicle, but I'm not sure about that.  

    Also, as long as you didn't prevent the buyer from doing inspections before you closed you should be good.  she may be able to have a case if you said she has to buy as is but that she also can't do any inspections prior.  It may be different from a mobile home than with real property though. good luck! 

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

    Hi Jeff Thank you for all your advice. We really appreciate it. I did told the lady and the daughter(buyer) that they can hire an inspector to look inside and around the mobile home to inspect it before the purchase but they said NO and they decided to inspect it themselves we followed them with the contract and checked everything out. That everything was good and that’s they really wanted to buy it. They also signed a contract were they have the right and are offered to hire an inspector but they’ve choose not to. We have proof. They Real Estate Lawyer hasn’t call me yet so I have to call him tomorrow. 

  • Real Estate Agent · Fresno, CA · Member since 2014 · 368 posts · 174 votes
    6y

    sounds like you are good to go @Elizabeth Hernandez, good work.  If you need the name of my RE lawyer i'm happy to provide, just shoot me a message. 

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

    Ok I will Thanks

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

    Need advice please: The Contract date was May 20, 2020 

    When would be a closing date for a Mobile Home Sale?

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

    Is the Closing date the day the New Owner made the contract at the Mobile Home Park and told them they can move in?

    or is the Closing date the day the seller gave the keys to the new owner.

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