YRSS's Client Wins on Appeal

YRSS was right on the law and on the facts and our client's rights were vindicated. In a published decision, the Appellate Term of the New York State Supreme Court, Second Department, confirmed that the law treats the sale of a mobile home as a sale of 'goods' under the Uniform Commercial Code ("U.C.C."). Under the U.C.C.  a seller's remedy for the intentional breach of a buyer, who backs out of a contract to purchase goods, is limited to twenty per cent of the value of the contract or $500, whichever is less, unless the parties agree otherwise.  While not represented by an attorney, our client paid a down payment to purchase a "house" in Florida that she intended to move to in her retirement. Further investigation revealed that the house was actually a mobile home, which was not what the client had bargained for. Our client immediately canceled the contract and demanded the immediate return of her down payment. The seller refused to return the down payment and instead treated the down payment as liquidated damages. YRSS commenced suit on behalf of the purchaser, and our attorney Peter E. Sverd, was disappointed when the trial judge dismissed the case after a bench trial.  YRSS appealed the decision and the Appellate Court got it right. Mrs. Santos got her money back, less the $500 that was provided for under the Uniform Commercial Code. See, Santos v DeBellis, 901 N.Y.S.2d 457 (N.Y.Supp.App. 2010).