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Exeter, NH asked in Civil Litigation, Construction Law, Consumer Law and Real Estate Law for New Hampshire

Q: Will selling my home affect my civil suit against the manufacturer and installer?

I have a civil suit against both the manufacturer and installer of my new construction manufactured home, filed in January 2025, due to numerous warranty issues including a defective roof, water leaks, and structural problems. I've documented everything, and I am managing the ongoing legal process, having just filed a motion to extend discovery. Additionally, the park manager is harassing me, and for my health and safety, I plan to sell the house. Will selling my home affect my ongoing civil suit or my ability to claim damages?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Selling your home will not automatically end your civil suit, but it could change what types of damages you can claim. Since your lawsuit is based on defects and warranty issues that existed while you owned the home, you still have the right to pursue claims for the harm you experienced, including repair costs, diminished value, and related damages. However, once you sell, you likely won’t be able to claim ongoing or future damages tied to living in or repairing the home.

The key factor is how you document the timeline of your ownership and the problems you faced. Courts will look at whether the damages occurred while the property was in your possession and whether the issues impacted you financially or personally. If you sell, you may still pursue compensation for losses you suffered, but not for problems that affect the new owner after the sale.

You should also consider how the sale is handled in relation to your case. Disclosing the defects to the buyer protects you from future disputes, and it also keeps your legal claims focused on what happened to you. Selling the home can protect your health and safety while still allowing you to hold the manufacturer and installer accountable for the defective work.

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