Anyone considering purchasing a modular home in Illinois should be made aware of the following...
I should be living at my new modular home in Algonquin, IL. My home situation is going on for near 2 years. Please visit my website. You will not believe your eyes. www.VeryBadHome.com Why am I not living there? Simply put, our IL Government has failed me miserably. The IL Department of Public Health (IDPH in Springfield) is the agency responsible for enforcing all rules, regulations, and laws for modular housing in Illinois (Modular homes ARE NOT trailer homes or mobile homes (HUD regulated)... modular homes/ pre-fab homes are everywhere. Most of the bungalows in Chicago are Sears kit homes or pre-fab homes (1908-1940). There are 5 modular homes within a "stone's throw" of my home and you'd never know.) The IL Department of Public Health is there to make sure that modular homes are built to code and to protect the consumer. Why would they not pursue enforcement of the rules and regulations that they themselves created? Lisa Madigan, the so-called “Consumer Advocate” will not do anything either. Why would the IL Attorney General not pursue action against the manufacturer and the dealer? In IL Statute 430-ILCS-115, I t clearly states that it is a crime to sell a modular home in IL that is not approved for IL, AND that only the IL AG and/or the State’s Attorney in the County where the crime took place can take any action. On top of that, the manufacturer (Liberty Homes, Inc), through apparent fraudulent pretenses, acquired the Certification Seal and the Code Compliance Certificate for my home prior to that model of home ever being approved by IDPH for IL. I have documents that prove this, and so does IDPH. Yet, IDPH refuses to revoke/repossess the Certification Seal and a Code Compliance Certificate, which is completely within their abilities.
(430 ILCS 115 Section 9)
(e) Seals may be repossessed if a manufacturer is found by the Department to have affixed a seal in violation of the Code.
(430 ILCS 115 Section 10)
(a) The seal shall remain the property of the Department, and may not be placed upon a manufactured housing unit which is in violation of the applicable safety code. Compliance with the safety code is the responsibility of a manufacturer.
(b) Class B misdemeanor... Each day of violation constitutes a separate offense. The State's Attorney of the county in which the violation occurred or the Attorney General shall bring such action in the name of the People of the State of Illinois.
On top of that, in my opinion, this new modular home has blatant code violations and structural defects. Recently, I acquired documents that IDPH prepared to bring action against the manufacturer, but they just dropped everything for no apparent reason and did not do anything. What happens when the IL Department of Public Health does not enforce its own rules and regulations, and turns a blind eye to what appears to be fraud and criminal activity? No one will tell me who IDPH answers to! More importantly, how many other families have purchased homes not built to code, or with serious structural defects where the situation was covered up by the IL Department of Public Health? Keep in mind that IDPH told me that they have done all that they can do, but later on I found out that IDPH has a Statute 430-ILCS-115 that specifically spells out their responsibilities, and what they should do. Yet they will do nothing. If others have been told the same by IDPH, but did not figure things out as I did, then there would be no record of their complaint. The problem is that anyone with modular home issues in IL would contact IDPH to file complaints about the dealer or the manufacturer. Who is responsible for overseeing the actions of the IL Department of Public Health when they just sit on their hands? It is extremely difficult to find out because no one will speak about it. Who oversees IDPH’s conduct? Surely, IDPH does not oversee itself? Who can one turn to when our IL Government refuses to govern?
My IL Representative, Mike Tryon (64th District), is directly involved and has been trying to assist me in getting people to do what they are supposed to do. In early October 2007, a letter was sent to the IL Department of Public Health asking them to follow their regulations and bring action pursuant to Statute 430-ILCS-115. This letter was signed by 36 IL House of Representatives members. IDPH has not responded to the letter whatsoever. In fact, IDPH refuses to speak with Representative Mike Tryon to answer any questions. In early October, Senator Pamela Althoff scheduled a meeting with IDPH, and they completely b lew her off.
IDPH shows no respect and no responsibility for the disastrous debacle they put me in with my NEW modular home that has serious structural defects and blatant code violations.
Please visit my website. You will not believe your eyes.
www.VeryBadHome.com
This whole mess has been going on for over 2 years… home purchased on April 22, 2005.
I had to file a lawsuit against the manufacturer and the dealer in January 2007. In a late September Motions to Dismiss Hearing, the judge ruled that the following counts are going forward:
Breach of Contract (Woodale)
Breach of Contract (Liberty)
Negligence (both defendants)
Breach of Express Warranty (Liberty)
Breach of Implied Warranty of Fitness (Woodale)
Breach of Implied Warranty of Fitness (Liberty)
Breach of Implied Warranty of Habitability (both defendants)
Breach of Implied Warranty of Merchantability (Woodale)
Consumer Fraud (both defendants)
UCC Violation §2-608 (both defendants)
UCC Violation §2-602 (both defendants)
The dealer is Woodale Homes, Inc.
1155 E IL Rte 64, Oregon IL 61061
(815)732-2288
http://www.woodalehomes.com/
The manufacturer is Liberty Homes, Inc.,
1101 Eisenhower Drive N Goshen, IN 46526.
(800) 733-0431
http://www.libertyhomesinc.com/
Thank you,
Robert Kot.
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