DocketNumber: Case No. 98-T-0011.
Judges: NADER, J.
Filed Date: 12/10/1999
Status: Non-Precedential
Modified Date: 4/18/2021
In 1984, appellee purchased a twelve-year-old manufactured home located at 59 Manor Drive in Wyngate Manor Mobile Home Park in Brookfield, Ohio. On October 12, 1994, appellee entered into a purchase agreement with Charles and Martha Bierworth for his manufactured home for the sum of $11,400. The purchase agreement contained a clause providing that:
"In the event the park operator refuses to enter into a rental agreement with the Buyer, the Buyer shall have no obligation to complete this purchase agreement and any earnest money deposited by the Buyer with the Seller shall be returned to the Buyer. Buyer shall have the specific right to terminate this contract * * * in the even that the park operator refuses to enter into a rental agreement with Buyer * * *."
After signing the purchase agreement, the Bierworths learned from appellant's agent that if they purchased appellee's manufactured home, it would have to be removed from appellant's park because the park's rules required homes over twenty years old to be removed from the park upon sale.
Upon learning of the park rule, the Bierworths rescinded the purchase agreement and purchased a new manufactured home from appellant for $18,000. On October 26, 1994, appellee filed a complaint alleging that appellant violated R.C.
"[1.] The trial court errored [sic] in finding that defendant's park rule violated O.R.C.
3733.11 as a matter of law."[2.] The trial court's findings of fact were contrary to the evidence and constitute revisible [sic] error.
"[3.] The trial court errored [sic] in finding that the plaintiff suffered any damages as a result of the park rule and specifically errored [sic] in awarding $7900.00 to the plaintiff contrary to the evidence."
Because appellant's first and second assignments of error are interrelated, we will address them together. In its first assignment of error, appellant alleges that the trial court erred by determining that its park rule, regulating the rental of manufactured homes over twenty years old, violated R.C.
"The park operator will not enter into a rental agreement with the purchaser of or other person acquiring ownership of a home located in the park where the home is over twenty (20) years old at the time of the change in ownership, and a home over twenty (20) years old must be removed from the park at the time of any change in ownership[.]"
Appellant contends that its park rule does not violate R.C.
R.C.
"A park operator shall promulgate rules governing the rental or occupancy of a lot in the manufactured home park. The rules shall not be unreasonable, arbitrary, or capricious. A copy of the rules and any amendments to them shall be delivered by the park operator to the tenant or owner prior to signing the rental agreement. A copy of the rules and any amendments to them shall be posted in a conspicuous place upon the manufactured home park grounds."
R.C.
"No park operator shall:
"(1) Deny any owner the right to sell the owner's manufactured home within the manufactured home park if the owner gives the park operator ten days' notice of the intention to sell the home;
"(2) Require the owner to remove the home from the manufactured home park solely on the basis of the sale of the home;
"(3) Unreasonably refuse to enter into a rental agreement with a purchaser of a home located within the operator's manufactured home park. * * *"
As stated by the Ohio Supreme Court, "a park operator may make any rule that is not unreasonable, arbitrary or capricious or, of course, is not in conflict with other specific statutory sections." Schwartz v. McAtee (1986),
Upon reviewing appellant's park rule, we conclude that such a rule violates R.C.
Returning to the issue determined by the trial court, we will now address whether appellant violated R.C.
A reviewing court will not reverse a trial court's finding if there exists competent, credible evidence supporting that finding.Seasons Coal Co. v. Cleveland (1984),
In the instant case, Charles Bierworth testified that he did not request a rental application because he was told by appellant's agents that if he purchased appellee's manufactured home, it would have to be removed from the park. Given Mr. Bierworth's knowledge of appellant's policy, it would have been an exercise in futility to complete a rental application. Even though appellant never expressly refused to enter into a rental agreement with the Bierworths, appellant's policy of refusing to enter into rental agreements with purchasers of manufactured homes over twenty years of age constitutes an implied refusal. This competent and credible evidence supports the trial court's finding that appellant refused to enter into a rental agreement with the Bierworths.
Appellant also contends that the trial court erred by concluding that appellant unreasonably refused to enter into a rental agreement with the Bierworths. Appellant asserts that this determination was based upon the erroneous finding that at the time appellee signed his rental agreement with appellant, there were no park rules regulating the age of manufactured homes within the park. It claims that this finding is erroneous because appellee had an oral lease agreement with appellant rather than a written one. Appellant also claims that the trial court also erred when it stated that:
"Had this regulation been in effect when Plaintiff originally moved into the park and signed his lease agreement, it would then be arguable that any such tenant would be bound by contract to the provisions concerning sale and age of the manufactured home. In this case, the age regulation was added by Defendant after Plaintiff's home was placed on the lot."
Appellant contends that because it did not own the park when appellee became a tenant, under the trial court's reasoning, appellant would never be permitted to enforce any of its rules against tenants who resided in the park before appellant assumed ownership of it. R.C.
"A park operator shall fully disclose in writing all fees, charges, assessments, including rental fees, and rules prior to a tenant or owner executing a rental agreement and assuming occupancy in the manufactured home park. No fees, charges, assessments, or rental fees so disclosed may be increased nor rules changed by a park operator without specifying the date of implementation of the changed fees, charges, assessments, rental fees, or rules, which date shall be not less than thirty days after written notice of the change and its effective date to all tenants or owners in the manufactured home park * * *."
Because R.C.
Notwithstanding the trial court's flawed reasoning, we cannot conclude that the trial court erred by concluding that appellant violated R.C.
Appellant refused to rent to the Bierworths solely because of the age of appellee's manufactured home. Although appellant has an interest in maintaining the quality and safety of its park, age is not necessarily indicative of quality. If appellant was truly concerned about safety, it could have required an inspection of appellee's manufactured home as part of the rental application approval process. The manager of Wyngate Manor testified that homes that do not meet updated safety codes can be modernized. Appellant never gave the Bierworths or appellee this option; instead, it refused to enter into a rental agreement with the Bierworths solely because of an arbitrary age restriction. Because competent, credible evidence exists to support the trial court's finding that appellant's refusal to enter into a rental agreement with the Bierworths was unreasonable, appellant's first and second assignments of error have no merit.
In its third assignment of error, appellant alleges that the trial court erred by awarding appellee damages in the amount of $7,900. It contends that appellee suffered no damage as a result of its park rule. R.C.
"If the park operator violates any provision of divisions (A) to (H) of this section, the tenant or owner may recover actual damages resulting from the violation, and, if the tenant or owner obtains a judgment, reasonable attorneys' fees, or terminate the rental agreement."
After determining that appellant violated R.C.
We do not agree with the trial court's damage calculation; however, we cannot say that appellee has suffered no damage. If appellant had not unreasonably refused to enter into a rental agreement with the Bierworths, appellee would have sold his manufactured home for $11,400. Because appellant's violation of R.C.
R.C.
"* * * [T]he seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price and the contract price together with any incidental damages allowed under section1302.84 of the Revised Code, but less expenses in consequences of the buyer's breach."
This case is remanded to the trial court so that it can oversee the resale of appellee's manufactured home. Appellee's actual damage is the diminished amount, if any, between the ultimate bona fide sale price and the original contract price of $11,400, plus incidental expenses.
For the foregoing reasons, the judgment of the Trumbull County Court of Common Pleas is affirmed in part and reversed in part. This case is remanded to the trial court for further proceedings consistent with this opinion.
FORD, P.J., CHRISTLEY, J., concur.