Legal Question in Real Estate Law in California
I own my mobilehome but the lot of course I do not. I bought the rights to place my home on the lot. Not one person told me that there were swevere drainage problems with this secific lot. Things ened up getting worse, I contacted the county, they said it was my problem. The realty guy said it was th manager of the park's problem and the Park Owner won't acknowledge me. In order to save my new home, a french drain was installed, the driveway being saved, and the sandbags were taken away. The funny thing is that EVERYONE knew this on particular lot had a huge problem with water poolng up on it. Who is utlimately responsible for helping me with the expenses if anyon?. This is a fixed income paak and I live on SSI<800.00> mo. Thank you
4 Answers from Attorneys
Assuming it is the type of problem that you would not notice from going to the lot 2-3 times, and that the Park Owner was involved in a contract with you [not the situation that you merely bought the rights from the former home owner], they both should have alerted you to the problem. The real estate agents might also have some fault. If the septic system that is overflowing is owned by the Park, it is their responsibility to maintain it and not cause the type of damage you suffered.
I don't see anything in your question about "septic," so I'm assuming this is rainwater or possibly snow melt (but not likely in 95060).
In order for someone to be legally liable to you for your expenses, the person would heve to meet at least these three criteria:
(1) They knew, or should have known, that the lot was likely to flood in the rainy season;
(2) They did not disclose the flooding problem; and
(3) They had a duty to disclose the problem.
Those with a duty to disclose would include anyone who benefitted from your buying the lot, which would include the seller, the management company, and any agent or broker that earned a commission. It might also include agents and brokers working for you and with a fiduciary duty to you even if they did niot know about the flooding, if they could have discovered the probable existence of winter flooding by making a simple inspection or inquiry.
Mr. Whipple's answer sounds right, but only if you actually bought the lot. It may still be right in other situations, but not necessarily. You say you don't own the lot, but you also say you bought the right to have your home on it. Did you buy a license? an easement? What exactly you bought and from whom is very important to determining who may have responsiblility for your problem.
The big question I would have for you was what disclosures were made to you by the park owner and the seller of the mobilehome (if you bought it in place) at the time you agreed to purchase the mobilehome.