What recourse do we have to resolve a termite infestation in ur mobile home?

We purchased a 12 year old modular home about a year ago. We reside in a modular home community and pay lot rent. The home was financed through the modular home community. We discovered today that our roof is infested with termites. It hasn’t even been a year and as a result, we do not feel we should have to bear the costs to repair.

Asked on July 17, 2017 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You most likely have no recourse:
1) You would potentially only have recourse against the person(s) who sold you the home, based on "fraud"--or deliberately misrepresenting (e.g. hiding or concealing) a material, or important, condition, like a termite infestation. But to win against the seller, you would have to show that he, she, they, or it *knew* about the infestation and deliberately concealed it, which may be very difficult to do. If they did not know of termites, they did nothing wrong and are not liable.
2) Paying lot rent does not make the community liable for the condition or upkeep of your home, any more than paying for a parking spot makes the garage owner resonsible to maintain your vehicle.
3) Financing through the community does not make the community liable, any more than the bank you financed your car through would be liable if you had an accident.
So only if you believe you can show that the sellers know of the infestation and deliberately concealed it might you have a cause of action or claim; but even in that case, if they do not voluntarily pay you, you'd have to sue them and win to get any money.


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