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Sales Keyed to Whaley
Larson v. Burton Construction
Citation:
421 P.3d 538 (2018)Facts
In December 2015, Larson and Burton entered into a written contract for the purchase of a 2015 Skyline mobile home for $43,000. The contract was a form designed for used mobile homes but was used for this new mobile home sale. The contract explicitly stated that at closing, Burton would “execute and deliver a Wyoming title and Bill of Sale free and clear of all liens and encumbrances.” Burton, as a dealer, customarily did not obtain Wyoming titles for new mobile homes but instead delivered Manufacturer’s Certificates of Origin, which purchasers would then use to obtain titles. Burton never informed Larson of this practice. At the scheduled closing, Burton’s agent brought an MCO instead of a Wyoming title, which added $1,806 in sales tax to Larson’s obligation. Larson refused to complete the transaction and demanded return of his earnest money. Burton sued for breach of contract.
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