Legal Question in Construction Law in Indiana

Who is at fault?

We purchased a manufactured home through a dealer. The dealer failed to get in a reversed-floor plan before the home was built. However, both the manufacturer and dealer knew the floor plan was wrong about 3 weeks before delivery of the home. No one contacted us. Since we had no where else to live and both manufacturer and dealer encouraged us to set the house as the value of the home would not be destroyed, we had little alternative but to set the house (or rent someplace to live for another 3 months). The manufacturer claims to not be at fault as well as the dealer. My question is is the manufacturer for the dealers goof? and did they not both have an obligation to let us know the problem before delivery of the house?


Asked on 1/23/01, 7:12 pm

1 Answer from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Who is at fault?

Hello,

While you did not get the floor plan you wanted you got the basic same value for your money. If you can show that the dealer and/or manufacturer had no intention of providing you with the reverse floor plan you might have an action. If they put you over the barrel to get you to take a product you didn't want, a jury might be sympathetic. Their intent is the key and I doubt that you can show they intended this. If you would like to pursue the matter further, let me know.

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Answered on 3/07/01, 9:07 am


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