mobil home/verbal agreement

[scootertrash]

Is a verbal contract enforceable on a mobil home in a mobil home park, since there is no actual land being purchased and the mobil home has a title like a automobile title?

Here's the story, there are 2 trailers for sale in our MHP. Trailer 1 has been for sale for over a year and the price is $15,000.
Trailer 2 went up for sale just recently for $26,000. Our friend is in a mess because her house has been for sale 6-8 months and will go into forcloser April 1st 2004. She has a buyer who made an offer but her soon to be ex-husband wont sign till she talks to him. (She wont do that because not only does she not want to but she has a restraining order on him) So the house will most likley go into forcloser. anyway she needs a home for herself and kid by April 1st. She looked at both trailers and decided on # 1 and talked to the woman selling it several times. last week she went over from our house to see and talk to her again. The owner told her it was hers,not to worry about any $$ till 3-19-04...ect. Well she went to the bank got approved for a $15,000 loan on the trailer plus she also talked to the park owner to get approved to the park. Well today(2-22) the wife gets a call from the woman saying this other lady came by this morring and had cash and she's realy sorry but she sold to her,and then asked my wife to let our friend know. Now her other option is to go and try to get additional loan $$ for the other trailer that's $11,000 more! We can't belive our neighbor did that to our friend but she's like that (says one thing, but does another).I told her to go see a lawyer because you had a verbal agreement,witnesses(myself,the wife and the people at the bank) and even if you don't get the place you might be able to sue for damages. Got any words of advice,words of wisdom,methods of revenge(the last was an attempt at hummor!) i can pass along about the trailer mess or getting her husband to cooperate with the realitor? There's more to this but I'll be posting that in a differant thread (personal injury) later.

 

[Michael Wechsler]

There are a couple of issues here. Regardless of the fact that a mobile home is not real estate, there are issues concerning the Statue of Frauds, which is a legal concept that a contract consisting of oral evidence is unreliable in some circumstances courts look for some type of writing in order to enforce an agreement. Such contracts may be deemed unenforceable unless evidenced by a signed memorandum. Typically, these unenforceable contracts are:

• contracts for the sale of real property;
• contracts for the sale of goods with a price of $500 or more (under the UCC Section 2-201)
• contracts that cannot be performed within one year;
• contracts to answer for the debt of another;
• contracts in consideration of marriage;
• leases of a duration in excess of one year

There are some exceptions to Statute of Frauds

1. Part performance of sale of real property provided the performance clearly establishes the essential terms of the contract

2. UCC Sale of Goods -- if goods are shipped and recieved then an oral contract may be enforceable to the extent the payment is made or goods received and accepted. Admission of an oral contract is enforceable against that party to the extent of the admission, e.g. a certain quantity of goods. If goods are custom manufacture and not suitable for resale in the ordinary course of a seller's business then if seller had taken significant steps toward manufacture, a contract could be found.

3. Full performance by one of the parties will compel the other party's promise to be performed.

I'm not sure what you have here with the trailer and it is possible that you can sue for some damages for the time and expense of taking out the loan as well as other damages that might result due to reliance of this woman's promise to sell you the trailer. I'm not sure what that may be but there needs to be a direct reliance and causal connection to the damages. Note that your friend's situation was a mess before the seller broke the deal.

Originally posted by scootertrash
Is a verbal contract enforceable on a mobil home in a mobil home park, since there is no actual land being purchased and the mobil home has a title like a automobile title?

Here's the story, there are 2 trailers for sale in our MHP. Trailer 1 has been for sale for over a year and the price is $15,000.
Trailer 2 went up for sale just recently for $26,000. Our friend is in a mess because her house has been for sale 6-8 months and will go into forcloser April 1st 2004. She has a buyer who made an offer but her soon to be ex-husband wont sign till she talks to him. (She wont do that because not only does she not want to but she has a restraining order on him) So the house will most likley go into forcloser. anyway she needs a home for herself and kid by April 1st. She looked at both trailers and decided on # 1 and talked to the woman selling it several times. last week she went over from our house to see and talk to her again. The owner told her it was hers,not to worry about any $$ till 3-19-04...ect. Well she went to the bank got approved for a $15,000 loan on the trailer plus she also talked to the park owner to get approved to the park. Well today(2-22) the wife gets a call from the woman saying this other lady came by this morring and had cash and she's realy sorry but she sold to her,and then asked my wife to let our friend know. Now her other option is to go and try to get additional loan $$ for the other trailer that's $11,000 more! We can't belive our neighbor did that to our friend but she's like that (says one thing, but does another).I told her to go see a lawyer because you had a verbal agreement,witnesses(myself,the wife and the people at the bank) and even if you don't get the place you might be able to sue for damages. Got any words of advice,words of wisdom,methods of revenge(the last was an attempt at hummor!) i can pass along about the trailer mess or getting her husband to cooperate with the realitor? There's more to this but I'll be posting that in a differant thread (personal injury) later.