If we purchased a used manufactured home from a dealer and he had us sign a “New Home Delivery, Set-up and Warranty Agreement”, is he bound it?

The dealer had us sign the agreement and a purchase agreement. He told us that we had to adhere to the “Buyers Responsibilities” under the agreement. Now that we have purchased the home, it is on our site (we did everything) we where suppose to do, he said he isn’t bound to the “Sellers Responsibility” because this agreement was for New homes purchased. He provided the agreement and made no addendums or changes. He said he is only bound by the purchase agreement which he calls our “contract”. I still owe him $2,750.00. If he doesn’t fullfill his responsibilities what are my options?

Asked on July 2, 2012 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, a contract that is ambiguous in its terms is construed against the drafter (that would be him) and I think that if you adhered to the terms and held up yout end he can not now rely on those terms as strictly construed to his benefit.  Sue him for complaince.  Seek legal help with the terms of the agreement and see if you can ask for damages.  Good luck.


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