MIAMI — A federal judge has dismissed a major portion of a lawsuit filed against Florida brothers over the purchase of a mobile home.

Plaintiff Linda Kennedy claims she entered into a purchase agreement with Marcel and Michael Deschenes to buy their mobile home. Kennedy alleges that prior to executing the agreement over the phone, she was assured by the brothers that all proper permits were issued prior to their renovation the mobile for sale.

Kennedy alleges she and the defendants agreed she would pay $47,000 for the mobile home, with a down payment of $8,000, and she would move into the mobile home on or after July 1. She also claims she would pay the rent for the land through January.

Kennedy further alleges that on or about June 30, she was given a new written agreement that said she would give the Deschenes $8,000 on June 28, 2016, and would pay the remaining balance of $39,000 within six months.

After moving into the mobile home, Kennedy claims that she found out the brothers never pulled the permits, leaving her responsible for between $40,000 and $50,000 in remediation, penalties and fines, according to court records.

In her suit, Kennedy alleges fraud, negligence and violations of the Florida Deceptive and Unfair Trade Practices Act

Judge Robert Scola of the U.S. District Court for the Southern District of Florida in his ruling dismissed most of the claims based on the fact that most of the plaintiffs' claims were not in the signed contract but were alleged to have been constructed verbally.

“Here, the written contract specifically stated 'There is [sic] no guarantees on the house, the equipment, all items no guarantee,'” Scola wrote. “This explicitly contradicts any representations that the Defendants allegedly made concerning the renovations that had been performed on the house.”

Scola dismissed three counts in the lawsuit without prejudice, allowing the plaintiff to refile those counts, and dismissed another 10 count with prejudice.  

The matter moves back to the lower court, where the plaintiff can amend the complaint and refile on the issues regarding her down payment and expenses.

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U.S. District Court for the Southern District of Florida
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Miami, FL - 33128

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