Can I hold mobile home seller responsible?

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Can I hold mobile home seller responsible?

Bought mobile home in park Jan.2018 once moved in I found repairs to walls due to termite problem. Never was told of this and of coarse you can’t remove walls to check. Home was remodeled by Mobile home park that sold me the home.I bought as is but never could see the damage behind walls. Do I live with it or can something be done
Thank you, Larry

Asked on May 30, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The seller is liable only if the seller him- or herself knew of the problem (or logically, under the circustances, *must* have known). The basis for liability is fraud: a knowing misrepresentation or lie. Therefore, there is no liability if the seller did not know of the problem, because he is not responsible for not telling you what he or she is not aware of.
If the repairs were done by this seller (and not a previous owner), that would strongly suggest that he or she did know of the issue. But you need to show that this seller made the repairs or that there is otherwise evidence of his/her knowlege of the condition. If you cannot show knowlege, there is no liability.


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