On 6 Jan 2006 18:03:13 -0800, wrote:


maxinemovies wrote:
When we ordered our manufactured home, we ordered 200 amp service be
built into it.

But...

My husband has
looked at the circuit breaker box on the back of the house and he says
there's one larger switch at the top that is labeled 100, then all the
smaller switches underneath it.


Ya' got flim flammed. It happens with manufactured housing all of the
time.


I am not ready to assume the worst about this company, but for the
sake of argument, if what Square says is true, and it may be, I think
the damages are not the difference in price between the 100A and the
200A service, that the seller charges.. (I was pretty sure someone
told you that, but now I can't find any post that even discusses that
part.)

Rather, the damages would, to the best of my knowledge IANAL, be what
it costs you to get from where you are to 200Amps. It's going to cost
more for an electrician to do it after the fact than it would have to
do it at the factory. I don't know how much more.

I presume you have something in writing that says it will e 200Amps.

The seller is entitled to a reasonable time (although I don't know
what that would be. A week or two? A month? I really don't know.)
to agree to pay for the upgrade. Perhaps the seller is entitled to
see an estimate or two, as with traffic accidents, I don't know.

But if they start to give you the run-around, answers that don't make
sense, etc., I would consider and when I thought it would be
effective, an action for fraud, and not just contract. I think you
could still do this in small claims court, but you'd have to prepare
pretty well. If you prove fraud, you may be able to receive punitive
damages, which are not available in the usual contract case.

Fraud is an intentional misrepresentation of a significant? fact to
your detriment., iirc.

I forget what word is used in place of significant, but they said it
would be 200 and it's 100. That meets the requirement.

Intentionality is often hard to show, but if they don't try to put
where you were supposed to be, with 200A, that is what you need to
prove intention. Make notes during and immediately after all phone
conversations. If they make promises, follow up conversations with
letters to the person you talked to, with a copy to the vp of that
division or someone like that. Letters in which you reiterate what
you said but especially promises that they made. As far as what you
said, write notes before you talk to them and then speak from your
notes, checking off each point you've made as you make it, so that you
know what you said, so that you won't make stupid admissions, like "it
really won't matter if it is 100 or 200". While this is nonsense, of
course it makes a difference, something like this might hurt you.
Maybe "I'm not really sure we asked for 200". That will kill your
case. Some people are embarrassed to ask for even what they've paid
for and will even make false, self-deprecating statements to relieve
their embarrassment or that of the person they are talking to. I'm
not at all telling anyone to lie to enhance his case. I'm telling you
NOT to lie to weaken your case.

That's why it's good to make notes in advance, accurate statements,
and speak from your notes. Even if you were capable of speaking ad
lib, it's hard to make full notes of what one says then. Have all or
most of it pre-written, and then if you do say something in addition,
you'll probably have time to write it down. How much if any of what
you say should be in the letter, I don't know. IANAL and have no
experience in this. Mostly you want the promises they made to fix it
or pay for it inthe letter. If they made promises to pay something
but not enough, that should be in the letter along with the reason it
is not enough.

Some letters should be sent certified, return receipt, but I'm not
sure which ones. All? Just the one where you recapitulate their
promise to pay for repairs. Certainly if they don't promise, your
demand letter with the electircians estimate. The more you think they
are intentionally flim-flamming you, the more you should play
hardball, while always being polite.

You want to be diligent about getting at least some of this done
quickly. Most of the TV court shows are travesties of real court, but
it is true, I think, that dawdling can look bad. Check out laches
(pronounced. latcheez) on the net.

If it is legal in your state to record the phone conversations without
telling them, I'd do that. Practice recordign off the phone in
advance, to make sure the tape works, and that the suction microphone
works if you have to use one of those. They worked perfectly with
standard Bell phones, but probably don't with new phones with teeny
speakers. If you can't record legally from your state, consider
making the calls from an adjoining state if it is legal there. I
think I would buy something and charge it on a charge card and save
the receipt to prove that I was in the other state that day, and close
to the time you made the phone call.

There used to be a requirement of an every 10-second beep, but I
haven't heard about that for decades. Anyone know if that still
applies at all?

A lawyer could help you, although the last time I hired a lawyer, 1000
dollars, I think he did a bad job and wouldn't even answer my
questions. I'm still not done on that one. I got somewhat of a
recommendation, but not enough.


What happens if Edison puts 200 amp service on that 100 amp pedestal,
and what if we do have a 100 amp house?


The 200 amp service pedestal is fine for use with what you have.


I'll be calling the dealership Monday for answers but I'm not hopeful.
They don't seem to know their ass from a hole in the ground over
there. I know what's on the spec sheet - 200 amp, but is that what
they really put in the house?


Nope, flim-flammed, ya'been had, ya' got the wool pulled over your
eyes. Now go raise hell with the dealer that sold it to you and get
some pay-back! The manufactured housing industry could be so much more.
But things like your situation are just a small part of the problem.
They will not improve until people stop putting up with them stealing
your money and walking away without making things right. Read your
contract carefully and get an attorney if necessary. I saw a
$100,000.00 mobile home recently with the cabinet doors falling off.
The rails and stiles in that home were made of 2x2s and 1/4" hardboard
paneling. There's no excuse for that lack of quality.

Tom in KY, installed mobile home services for 12 years among other
things.


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