Can the bank advertise a foreclosed home and land but pull the mobile home that is on it at closing?

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Can the bank advertise a foreclosed home and land but pull the mobile home that is on it at closing?

This is bank REO property. The bank advertised the mobile home with the land. Their realtor included many pictures of the home and the description said home with land. We won the bid, was offered the property, wired the ‘hold’ money, signed the sales agreement that under section 13 was hand written: mobile home title included with sale. Today they told us the balance to wire for closing then let it slip that the mobile home was not included in the sales agreement because they only have a copy of the home title. Now they are stalling, we think to pull the deal or make us take land only.

Asked on August 8, 2012 under Real Estate Law, Georgia

Answers:

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

Answered 8 years ago | Contributor

You need to seek legal help in your area as soon as you can.  You need to bring all the documents with you that were signed as well as all the advertisements.  I think that you have a contract that you can rely on and that you can sue for "specific performance" under the conrtact.  If they can not depiver what they said then you could be entitled to void the deal OR for damages possibly equivalent to replacing the home on the land.  Good luck.


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