ComplaintsforAmerican Mobile Home Sales

• Initial Complaint

  02/07/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Tanya J. listed and sold my home in Winter Haven Fl. I asked her not to show the home while we were away, however, she did so anyway. The dogs trashed the house, and I was embarrassed. I also had jewelry and other valuables lying about, but she went against our wishes After the house was sold, but not closed, and we moved out, she allowed the buyers to go in and begin making changes and repairs. A neighbor told me what was going on, and I told her to stop as we were still responsible and paying for the house and lot rent. She did not listen, and gave them the key to come and go as they pleased. She also allowed them to move in before closing. She then tried to hold our money from the closing for two days, but I intervened and was able to get it the day of closing. She had stupid excuses as to why she couldn't pay us. I have suffered extreme stress and anxiety, as I moved 1000 miles away while this was going on. I want the $3500 that I paid Tanya, as she was unethical and lied about the transaction all the way through.

  

  Business response

  02/18/2022

  Business Response /* (1000, 5, 2022/02/15) */ Complaint Case# ******** (Ref#X-XXXXXXXX-XXXXXXXX-X-XXX) On 10/22/2021 Seller Consigned, Mobile Home located at: *** ******** ******* ****** with American Mobile Home Sales, agreed and signed and negotiated a Consignment AKA Listing Agreement to sell this home, a listing agreement which is a legal and binding contract. During this time , SELLER agrees not to lease, rent, sell or negotiate for the sale of the UNIT during the term of this Agreement. SELLER agrees to refer to DEALER all inquiries concerning the sale of the UNIT. SELLER shall permit DEALER the right to advertise, place a sign on premises, hold open houses, and show the UNIT to prospective buyers during reasonable hours and upon reasonable advance notice. On 11/22/2021, 30 Days later Seller agreed and signed and negotiated a Sales Agreement to sell this home, an agreement which is a legal and binding contract. Upon full execution of a contract for sale and purchase of the UNIT all rights and obligations of this Exclusive Mobile Home Consignment Agreement (called the "Agreement"), shall automatically extend through the date of the actual closing of such contract for sale and purchase. SELLER certifies and represents that the persons comprising SELLER are legally entitled to transfer title to the UNIT, and such transfer shall be free and clear of all liens and encumbrances,without limitation. SELLER must disclose any defect with the UNIT and all potential BUYERS have the right to request inspection. All HVAC units and components thereof, appliances, plumbing, and electrical systems shall be in working order at the time of closing, unless otherwise noted on this Agreement or on an Addendum hereto. Seller signed and accepted all terms of the agreement, This agreement contains the entire understanding between parties herein and no other inducement, verbal or written, has been made which is not set forth herein. This contract shall be binding upon heirs, personal representative or assigns to parties hereto. Title of said mobile home shall remain in the name of the seller(s) until agreed purchase price is paid in full. Seller has agreed to accepted Sales Price of Home and all terms and conditions set forth in contracts, by signing executed sales agreement. Seller has received and accepted ALL SALE PROCEEDS. Transfer of Title and Ownership has been recorded by the State of Florida, and transferred between Buyer and seller. Seller received Full Payment for sale of Mobile Home, Therefore SELLER shall be obligated to pay the full BROKER's fee to BROKER. No Refund is due, Sale and Transfer took place. The prevailing party in any litigation brought to enforce this Agreement shall be entitled to collect his, her, or its attorney's fees and costs from the losing party. Any legal action brought to enforce this Agreement must be filed in the Florida state court system and the venue of such legal actions shall only be in Pinellas County, Florida. The Agent, Office Manager and Broker/Dealer for American all have had communication direct with seller , regarding proof of lien payoff and funding direct to seller , to complete the sale of this home to include all proof of funds and all costs associated with this sale, there has been no questions or complaints regarding this sale until almost 30 days after closing. Upon review of all documentation and closed file and transfer of title this sale is closed and recorded and transacted , following all Florida Mobile Home Dealer Guidelines. Sale was concluded Services Rendered. American and Agent were Hired by Seller to Sell the Home, Home Sale Completed. Consumer Response /* (3000, 7, 2022/02/15) */ (The consumer indicated he/she DID NOT accept the response from the business.) Although home was sold, seller violated my rights by allowing buyer to move in PRIOR to closing and use my utilities. .Agent conducted business illegally and unethically. Agency was to call me back to discuss when this happened and I never heard from them. My next course of action is small claims court. Business Response /* (4000, 9, 2022/02/17) */ American Mobile Home Sales Sold this Home. Seller has had full control of acceptance of offer and any conditions agreed by both buyer and seller and Mobile Home Park Approval and change of lease to new buyer. American only facilitates listing the home and selling the home once sale is final and seller accepts all terms and seller proceeds titles and ownership is transferred and park is the one who processed new lease for new owners. When a seller accepts proceeds and signs all titles to transfer the home a new lease is signed by the Park , the new lease is signed and when new owners move in is not on our end, a final walkthrough is conducted for acceptance of home and once they accept seller is funded and sale is final. Seller accepted all terms and funds and signed off on titles and only after Home closed has concerns that never occurred or have anything to do with our transaction processed and she accepted. Seller was contacted and spoke to all parties to include Agent communication, Office Manager and Direct communication to seller from Broker to include proof of all funding and a closing statement all accepted and additionally sent wire transfer for full payment and sale was completed and closed . Any further communication regarding this matter can be discussed with our corporate attorney as statements presented to the BBB are not valid and if seller was unhappy with transaction she should have cancelled the sale of the home, she finalized , accepted and signed over her titles and moved out of home , new owners moved in park approved our sale was conducted. The buyer never moved in until the closing day, electricity was placed in new buyers name as of the 29th , proof was sent to seller and also seller requested payment direct from buyer ******* ,the seller on her own behalf allowed new owners access so they could complete flooring, this is shown in text messages she provided and attached in her complaint, as you can see via text" Also you can see the text on the 3rd where they were moving in. (Which is the same day Seller received her funds) American actually is owed money on behalf of seller as home was left in such deplorable conditions for new buyers, and feel seller is utilizing this BBB platform to make false claims to protect her own Embarrassment from gossip in the park. Any further communication will Cease as seller has stated law suit against our corporation any further correspondence will be from our corporate attorneys firm below. Please contact *************** Attorney ********* Clearwater Office tel: XXX-XXX-XXXX fax: XXX-XXX-XXXX 2274 FL-580 Clearwater, FL XXXXX

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