Real Estate Litigation

What are your rights if you live in manufactured housing?

Before the term “manufactured housing” these homes were called mobile homes or trailers. The defining characteristic of a manufactured home is that it can be picked up and moved somewhere else. Most disputes are defined by the property involved, which is either personal or real property. Personal property are things you can move or pick up. Real property are things you can’t, like land and buildings. Manufactured homes straddle both definitions, thus, how are they treated? This post will go over the rules that developed around manufactured homes.

The issue centers on whether you purchased the home and rented or leased the land or purchased the home and land together. If you lease the land, then the manufactured home is considered personal property. If it is part of the land, then it is real property. How the property is defined determines the legal theories under which you can seek recovery.

For personal property, you are relegated to suing under negligence, breach of contract, and similar claims. If the home is considered real property, then you may sue under the above stated theories and for construction defect. Each method presents its own benefits and obstacles. Construction defect allows you to hold the original manufacturer liable for their mistakes, which could be beneficial or it could introduce new issues. A lawyer can go over the nuance of your case.

If you are engaged in a construction dispute over the stability or safety of your manufactured home, then you may want to contact an attorney. Depending on the nature of the dispute, this could serve as the basis for a valid claim of construction defect. An attorney can go over the nature of the defect or issue and help you determine the best way to pursue fair compensation. You don’t need to figure these legal issues out alone; a lawyer can help.

Published by
james

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