Legal Question in Real Estate Law in Minnesota

Consumer or Real estate law

I purchased a townhome in Aug.2005. Very soon there was evidence of a serious leak on the 3 season porch. (not disclosed). My immediate attempt to correct the problem only solved one minor part of it. It became evident that water was leaking in from the windows that did not have any flashing or way to drain the water away from the building, so it leaked down the walls into the room. My realtor contacted theirs on 3 occasions prior to Aug. of 2006. With no response. In small claims 1/29/07,the former owners refused to negotiate et threatened to counter sue if I went through with this. I have professional estimates that include testimony that the leaks in fact are due to improperly installed windows et screens.. The problem is, to correct the leaks et wood damage the screens need to be replaced et to do that according to Association Guidelines, requires whole window units. I also have testimony that the former owner in fact installed the screens et did not get approval from the Association for the work he did, which is not according to Association guidelines.( this is an expectation of any changes to the exterior) Court is set for 2/15/07. Do I have a case or a chance in this situation? Please advise...Thank you


Asked on 2/02/07, 9:58 am

1 Answer from Attorneys

Steven Vatndal Law Office of Steven J. Vatndal

Re: Consumer or Real estate law

Is the conciliation court trial set for 2/15?

I need more facts to discuss the liklihood of you proving in court that the former owner intentionally misrepresented the condition to you (the basic issue at trial).

Please e-mail me if you want to discuss it further.

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Answered on 2/02/07, 10:02 am


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