Home Buying in Tucson>Question Details

texbon, Home Buyer in Tucson, AZ

bought a mobile home in park.contingent of home expection.owner refused to fix problems found can i rrescind the offer

Asked by texbon, Tucson, AZ Sun Jan 20, 2013

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11
David Hopper’s answer
As other agents have pointed out, it depends on whether you used the standard Arizona contract, and if so whether you are still in your inspection period. If the answer to both of these is "yes", then you can rescind the offer, but you have to do it in writing. If the answer is "no", then you will need to refer to the details of your contract. If you need a real estate attorney, I can recommend a good one.

Good luck,

David
1 vote Thank Flag Link Sun Jan 20, 2013
Go back and look at veribage on purchase contract, what does your Realtor say? There are many moving parts here, are you still in the inspection period? You can also talk to a Real Estate attorney to ask specific legal questions.

Best of luck.

Spirit
1 vote Thank Flag Link Sun Jan 20, 2013
As you are hearing, a mobile home without land is out of our expertise. It is handled just like a car or truck if no lnad is attached. This is something that needs to be run by an attorney to see what is stated in your purchase agreement. Don't delay as there are probably time limits in the contract.
0 votes Thank Flag Link Mon Jan 21, 2013
Humm, still not sure on this. If the subject of "lot rent" came up during your purchase then odds very close to 100% that you were only buying the mobile. If you were only buying the mobile and using a mobile home rep that was at the park then the odds are also extremely high this person is the seller or is working for the seller of the mobile, the realm of motor vehicle sales have is a whole different ball game from what we do. I have never heard of agency relationships in this realm so be careful(meaning the person who is helping you may have little to no duty to you), my best suggestion to you is to contact an attorney and have them review the purchase agreement for you right away, if there is a cancellation provision within the agreement there is probably a timeframe attached to it. You need to speak with an attorney right away, a consultation should not cost you very much money if any.
0 votes Thank Flag Link Sun Jan 20, 2013
"Mobile Home Rep." is NOT a licensed real estate agent. A "Mobile Home Rep.", as pointed out by Mr. Polston, are not licensed by the state of Arizona for real estate, so real estate law does not apply.

If no land was included in this sale, then the sale was purly a personal property sale, such as a car, a boat, etc. I would contact, first, your "Mobile Home Rep." and, if you cannot gain a satisfactory answer there, I would contact an attorney.


Matthew Tennyson
Keller Williams Southern Arizona
520-631-0032
0 votes Thank Flag Link Sun Jan 20, 2013
used a mobile home rep. in arizona they use them signed legal doc. as required by state
0 votes Thank Flag Link Sun Jan 20, 2013
Your post says that you bought? if so and the transaction closed then probably not.

It also sounds like you may be purchasing just the mobile and not the land given it's in a park? If you are not purchasing the land then real estate law will probably not apply to the purchase of the mobile. Mobile sales where the land in not being sold will typically fall under the motor vehicle division as the governing body. Check with an attorney and good luck. The real estate agents on this site will probably not be much help if the land is not included unless they are also licensed as auto brokers, unaffixed mobiles where no land is being sold are titled and transferred the same way cars are.
0 votes Thank Flag Link Sun Jan 20, 2013
You did not say if you used a realtor to help you. This is one of the reasons it is a good idea to use one in any home purchase. The Seller typically paid the fees for the agent so there is usually no charge to the buyer to get this representation.
That being said...
I would first speak to your agent, then ask the escrow company, then the lender. These three can give you advice for no cost. Remember that on all real estate contracts, time is of the essence. With Monday being a holiday, I would call these people on Tuesday. If you can't get resolution, then you may want to contact a lawyer. The answer will be tied in to how the contract is written, overlayed with the timeline.
Good luck.
Doug Seemann
Long Realty
520-370-8907
Dougs@longrealty.com
0 votes Thank Flag Link Sun Jan 20, 2013
If you/your agent used the standard AAR contract language and did not change it, you will have 10 days to do your due diligence and send the BINSR (Buyer's Inspection Notice and Seller's Response) to the seller. The seller has 5 days to respond in writing. And you (the buyer) have another 5 days to decide what to do.

Hope this helps.

Good luck!

Jose Dias, REALTOR
(623) 418-5700
Jose@MyFirstHouseAZ.com
http://www.MyFirstHouseAZ.com
0 votes Thank Flag Link Sun Jan 20, 2013
Hi Texbon:

Even a lender can help you with this one... lol.

It is ENTIRELY going to depend on what your purchase/sale contract said. If it indicates transaction is contingent on PASSING the inspection and fixing the repairs, then you are in good shape.

If you used a realtor, then consult with that person to decipher language. If not, you will need to decide if an attorney is needed. If so, I recommend Mart McCune at Scottsdale Law Group (they cover entire State of Arizona, with many clients in Tucson). Marty can be reached at 480-478-0709, or mmccune@scottsdalelawgroup.com.

Good Luck.

Bill Parker, Loan Officer
AZ Lic# 09011570
NMLS #223607
CPA--Licensed, no longer practicing

GenCor Mortgage Inc.
15730 N. 83rd Way, Suite 103
Scottsdale, AZ 85260
(O) 480-525-8496, EXT 743; (M) 602-565-3646; (F) 480-436-5226
EM: BParker@GenCorMortgage.com
Website: http://www.GenCorMortgage.com
LinkedIn: http://www.linkedin.com/in/billparkercpa

MISSION STATEMENT: To create an unbelievably enjoyable experience for my clients, while guiding them through the most important financial transactions of their personal lives. My clients know me as their Mortgage Lender for Life. I truly appreciate your referrals.

If you think it's expensive to hire a professional to do the job, wait until you hire an amateur.
Red Adair, Oil well firefighter
0 votes Thank Flag Link Sun Jan 20, 2013
Hi Texbon,

You must refer to the purchase contract and follow the terms allowed in the inspection contingency. You should ask your representative for help on this.

Good luck.

David Winter
Long Realty
0 votes Thank Flag Link Sun Jan 20, 2013
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