Landlord and Tenant - Mobile Home Parks

questions & answers

Question: We purchased a mobile home and all the signed documents state it’s a 1998. When given the title a week later it says it’s a 1988. Do we have any legal recourse?

Answer: Quite possibly. Given that the age of a mobile home that is the subject of a contract will almost undoubtedly be considered to be a “material term” of the contract, the discrepancy may call the contract into question. What will matter, among many other things, is whether either party or both parties knew about the error. A contract may be voidable depending upon whether the discrepancy was a result of what the law calls “fraud,” “misrepresentation,” or “mistake,” each of which is analyzed somewhat differently. You would be wise to discuss your specific situation with an attorney. There are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).