Colorado Springs, CO asked in Consumer Law, Criminal Law, Products Liability and Arbitration / Mediation Law for Colorado

Q: Bought a home through champion homes. paid for it ,said it would ship in 2 week its been 6 and cant get any help

The broker stopped after the deposit and took $19000 off the top in Feb 2021and stopped working on my behalf, had to go to another dealer for help or to his boss , who is who I dealt with, but there is Money issues that I didn't get credit for said they would sell home if payment wasn't received around $4000 and have not received the titles for this home. this was dome on a construction loan and been paying on the interest. This whole process with Champion has been a mental toll of aggravation from the start. use my retirement savings to fund this. this is turning into a financial burden

1 Lawyer Answer
Kevin Michael Strait
Kevin Michael Strait
  • Arbitration & Mediation Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: You are buying a modular or manufactured home in Colorado. The law covering this purchase is a combination of contract law for the sale of goods and real estate law. Your purchase should have come with a sales agreement that clearly states the sales price and the delivery date. Even a statement like "please allow up to 6 weeks for delivery" is significant. In most cases, things spoken by the sales team do not replace the written terms of the contract. A spoken promise for a delivery date will be hard to enforce if there is a delivery date on the contract paperwork.

It sounds like the seller is ready to delivery the home but wants an additional $4,000 payment. Knowing only what you shared in your post, it sounds like this is a mistake by the seller. But a legal action against the seller will take time and create new legal costs likely to exceed $4,000. In many cases, a buyer in a situation like yours can pay the extra fees, accept the delivery, then use legal help to seek a refund of the over-payment. Many times the over-payment is smaller than the legal costs to fight back. You will have to decide if possession of the house, and your peace of mind, are a good enough reward for the unfair over-payment.

It is very hard to resolve problems like this by working with the point-of-sale staff. If you cannot get good help through a corporate office or higher-level manager, ask an attorney for help. The attorney will start by formally demanding a refund or formally demanding the house delivery, whichever you prefer. The demand will be made to the seller's legal department and should trigger a prompt reply. The reply may not be favorable to you, but at least you will then be exchanging reliable information between professionals. You and your attorney can decide how to proceed once the seller's legal department has taken a definite position.

James A. Greer agrees with this answer

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