What recourse do I have when a mobile home seller did not disclose information that severely damages the property’s value?

I bought a mobile home from a seller who did not disclose information that was known to him and that materially affects the value of the home but was not apparent on inspection. After the sale I learned of the home’s history from neighbors. (I’m being non-specific to protect my privacy and future negotiating position with the seller.) What recourse do I have?

Asked on March 22, 2011 under Real Estate Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could sue the seller for fraud.  Fraud is the misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce reliance on which one justifiably relies to his or her detriment.  Fraud also includes the nondisclosure of a material fact by a seller which the buyer could not have reasonably discovered.  You justifiably relied on the information provided by the seller to your detriment.  A material fact is one that goes to the basis of the bargain; in other words would have impacted your decision on whether or not to purchase the mobile home.

Your damages (the amount you are seeking to recover in a lawsuit for fraud) would be either your out-of-pocket loss or the benefit of the bargain.  Out-of-pocket loss is the amount you are out due to purchasing the mobile home.  Benefit of the bargain is the difference between what you paid for the mobile home and what you should have paid had you known the information the seller failed to disclose.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.