If myhusband and I signed a contract to purchase a moble home from an individualbut cannot get the title, what can we can do?

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If myhusband and I signed a contract to purchase a moble home from an individualbut cannot get the title, what can we can do?

We signed a contract 6 months ago for a 5 year loan agreement. We still have not received the title and to find out the lady we signed with does not have the title in her name. It is in the name of the man she purchased from as a repo. Is there anything we can do about this? By what the lady is telling us she cannot get the man to sign off on the title at DMV.

Asked on September 9, 2011 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can rescind--or void--the contract and get your money back; you can also sue the woman for any losses, costs, expenses, etc. you have incurred in reliance on her representation that she could sell the mobile home. If she doesn't have the title, she can't convey it to you; therefore, the contract is impossible (which is why you should be able to rescind it) and she also misrepresented to you, which is why you should be able to recover damages.

If at any point during the suit, she gets title and can convey it, you can settle by accepting title, dismissing the suit, and going ahead with the transaction. But since she is having trouble getting the title, you have to face the fact that she may not be able to provide it, so you may need to get out of the transaction.


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