Couple claims manufactured home is defective

By Annie Cosby | Jan 5, 2015

BECKLEY – A Raleigh County couple is suing over claims they bought a defective manufactured home.

Dereck Paul and Angela Scarbro filed a lawsuit Nov. 3 in Raleigh Circuit Court against S&M Used Automobiles and Mobile Home Sales Inc., citing fraud.

According to the complaint, the Scarbros examined a mobile home on the defendant's premises and on Jan. 23, 2012, purchased a $50,600 Schult manufactured home which a salesperson assured the couple was identical to the model home they had examined.

The complaint states the defendant delivered the home in April 2012, but the Scarbros immediately began experiencing problems with it, including water drained from the washing machine coming up through the toilet, causing damage that required the Scarbros to move into a hotel far from their son's school while the home was repaired.

The plaintiffs say a plumber they hired informed them the drain lines in the home were elevated in the wrong direction, causing water meant to be drained to flow through the toilet, flooding the home with water and waste. The lawsuit states the defendant didn't want to repair the ductwork but the repair service would not deem the home habitable until it was, so the defendant finally did so.

In addition, the Scarbros say, the home was not identical to the model home they inspected, having different siding, thus making the salesperson's representations false. According to the lawsuit, other defects were discovered, including defective trim, improperly constructed concrete blocks, depressions beneath the home that will collect water and cause damage, vegetation not removed before placing the home, a torn bottom board, a leaking shutoff valve below the bathroom sink, uneven flooring, a corroded and leaking kitchen sink, dented stove and insufficient floor insulation causing water pipes to freeze.

According to the lawsuit, the couple has acquired estimates for the cost of repairs ranging from $27,700 to $46,200.

The defendant is accused of fraud, breach of express warranty, breach of contract, breach of implied warrant of merchantability, breach of implied warranty of habitability, criminal indifference to civil obligations, negligence and fitness for a particular purpose.

The Scarbros seek more than $50,600 in compensatory damages, $50,000 in punitive damages, attorney fees and costs of action.

They are represented by attorneys William H. Sanders III of Sanders, Austin, Flanigan and Flanigan in Princeton, and Ward Morgan of Bluefield.

Raleigh Circuit Court case number: 14-C-1026-K

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