Attorney at Law
14 Beacon Street
Newark, NJ 02345 USA
Licensed in New Jersey and New York
May 1, 2008
Ms Dorothy Witherby
262 Chester Street
Trenton, NJ 08601 USA
Dear Ms Witherby:
Thank you for contacting me yesterday to discuss the potential claims arising out of the defects in the mobile home that you purchased from Sporting Mobile Home Sales Corporation (hereinafter “Sporting”). This letter will summarize my understanding of the events you described and review the steps that we have agreed to take in order to determine whether you have a breach of contract claim.
When you visited Sporting to purchase a mobile home, the sales person showed you a model home in excellent condition with modern appliances. You signed a contract to purchase such a home. Unfortunately, the mobile home that Sporting delivered to you last month was nothing like the model you were shown. The carpets are dirty, the air conditioners do not work properly, and the kitchen appliances are not modern. The electrical system has failed twice because it is inadequate for the household appliances.
You have contacted Sporting on a number of occasions to complain about the condition of the mobile home that they delivered to you. They have not offered to fix the problems, and have stopped taking your phone calls. Thus, you would like to return the mobile home and receive a full refund.
Your mobile home is considered “personal” rather than “real” property under New Jersey law. Therefore, this transaction is governed by the Uniform Commercial Code, adopted in New Jersey statute 12A:1-101 et seq., which regulates sales of goods. Under this law, you may have the right to reject the mobile home. The law also provides for the seller’s right to cure the defects.
Because you signed an agreement with Sporting when you paid for the mobile home, I will need to review that contract prior to making a determination as to what, if any, potential remedies might be available to you. As we discussed yesterday, you should send me the sales agreement for the mobile home and any other documentation of promises made to you by Sporting. I will contact you after I have reviewed the contract.
Thank you for your time and attention. I look forward to hearing from you.