On August 20, 1983, Elmer and Martha Bosarge purchased from J & J Mobile Home Sales a…

On August 20, 1983, Elmer and Martha Bosarge purchased from J & J Mobile Home Sales a furnished mobile home manufactured by North River Homes. The mobile home, described by a J & J salesman as the “Cadillac” of mobile homes, cost $23,900. Upon moving into their new home, the Bosarges immediately discovered defect after defect. The defects included a bad water leak that caused water to run all over the trailer and into the insulation, causing the trailer’s underside to balloon downward; loose moldings; warped dishwasher door; warped bathroom door; holes in the walls; defective heating and cooling system; cabinets with chips and holes in them; furniture that fell apart; rooms that remained moldy and mildewed; a closet that leaked rainwater; and spaces between the doors and windows and their frames that allowed the elements to come in. The Bosarges had not been able to spot the defects before taking delivery because they had viewed the mobile home at night on J & J’s lot and there was no light on in the mobile home. The Bosarges immediately and repeatedly notified North River Homes of the defects, but it failed to satisfactorily repair the home. In November 1983 the Bosarges informed North River of their decision to revoke their acceptance of the defective home. On some occasions, repairmen came but did not attempt to make repairs, saying they would come back. Other times, the repairs were inadequate. For example, while looking for the water leak, a repairman cut open the bottom of the mobile home and then taped it back together with masking tape which failed to hold and resulted in the floor bowing out. Another inadvertently punctured a septic line and did not properly repair the puncture, resulting in a permanent stench. Other repairmen simply left things off at the home, like a new dishwasher door and a countertop, saying they did not have time to make the repairs. In June 1984 the Bosarges provided North River with an extensive list of problems that had not been corrected. When they did not receive a satisfactory response, they send a letter on October 4, 1984, saying they would make no further payments. North River made no further efforts to correct the problems. In March 1986 the Bosarges’ attorney wrote to North River, formally revoking acceptance of the mobile home because of its substantially impaired value, tendering the mobile home back to it, and advising North River that it could pick the home up at its earliest convenience. They then brought a lawsuit requesting return of the purchase price and seeking damages for breach of various warranties. Did the Bosarges effectively revoke their acceptance of the mobile home and were they barred from revoking acceptance because of their continued use?

 

 

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