Legal Question in Real Estate Law in New York

A mutual mistake as to the description, quantity, or condition of land conveyed may, under the circumstances of the case, be grounds for rescission (Larsen v. Potter, 174 A.D.2d 801, 571 N.Y.S.2d 121 [3d Dep't 1991]). However, the mistake must be as to a material fact and the mistake did not in fact accomplish the mutual intent (Creative Waste Management, Inc. v. Capitol Environmental Services, Inc., 429 F. Supp. 2d 582 [S.D. N.Y. 2006]).

It seems that the parties to your question understood which mobile home is to be purchased although they failed to properly write the Mfg. No. and Serial No. Therefore, the mistake is not material and the contract should be binding. However, I would amend the contract to include the proper numbers.

Mike.