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

UPDATED: Sep 9, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 9, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption