Legal Question in Business Law in South Carolina
Definition of new vs. used ref. wrecked mobile home
Can you give me a case that adjudicated the definition of ''New'' vs. ''Used''? I am involved with a situation where a mobile home was wrecked enroute from the mobile home manufacturer to the mobile home retailer. Both mfgr. & retailer took part in the repairs of the mobile home, though incomplete, prior to the sale of the mobile home to a consumer. The consumer viewed a mobile home like the above but maintain the mobile home they looked at and agreed to purchase is not the same one that was delivered to them. There were extensive repairs to be performed before the consumer could move in - 6 months worth, where the typical set-up time is 2 weeks. The bill of sale was noted ''New'' however the consumer does not consider the wrecked and repaired mobile home a new one, whereas the retailer and mfgr. maintain it is new as long as it was not titled to another consumer prior to this sale.
Can you provide some references that I can use that will support that the once wrecked and repaired mobile home is no longer a new mobile home, much like an Ohio case maintains that a wrecked car is no longer a new car.
1 Answer from Attorneys
Re: Definition of new vs. used ref. wrecked mobile home
South Carolina has a statute about damaged new motor vehicles, but I don't think it applies to mobile homes. This matter would probably fall under the Uniform Commercial Code. There is a provision for "Revocation of Acceptance" based on defects, but you will probably have to get an attorney and sue them before they will take the home back.
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