Forum Discussion
msmith1199
Sep 04, 2014Explorer II
Effy wrote:msmith1199 wrote:Effy wrote:
Being a little harsh here on the OP. I mean it sounds very much like the seller was not fully disclosing the fact that the unit had water damage. I know it's not required for MH's but in this case shaking hands or a gentlemen's agreement is moot. I bet he was willing to drive it anywhere to complete a deal and unload it. Good for the OP in doing due diligence.
What do you mean by you know it's not required for MH's? Fraud is fraud. There is no exception for a motorhome.
I know real estate requires disclosure for water damage, I am not aware of any such requirement for a MH. It has to be inspected but I don't think that's on the list and even then inspection is not always required for private sale. I could be wrong. If I am I would love to learn that section of the law if you know what it is. And non disclosure is not a default for fraud. There is fraudulent non disclosure but it has to be a requirement of the object being sold.
Yes real estate has specific laws dealing specifically with real estate. The fraud laws are generic and can have both civil and criminal penalties. If I go buy a chunk of lead and get some gold spray paint and paint it gold and I tell you it's gold and you buy it thinking it's gold, then I have committed the crime of theft by fraud. If I have a motorhome that I know has some severe water damage and I go buy some furring strips and exterior trim pieces and cover up that damage and don't tell you about it and sell you that motorhome, I have committed the crime of fraud. In this case even if the seller isn't the one that put the furring strips there to hide the damage and it was the person who owned the motorhome before him, then that would get him out of criminal charges, but not a civil case.
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