Legal Question in Real Estate Law in Minnesota
Disclosure
Bought a house 3 months ago. First time home buyer. House was completly remodeled by the homeowner who was a licesensed contractor. Now 3 months after moving in our roof is leaking and we are being told that it should have been replaced years ago. Sellers disclosure states ''no apparent leaks and the age is over 8 years old. '' Do I have anything to stand on in arbitration or am I out of luck. We did not have an inspection. Never make that mistake again.
1 Answer from Attorneys
Re: Disclosure
This is worth pursuing with the seller. Have you had any contact with seller about this yet? What was response?
You are entitled to rely on seller's representations in the disclosure statements as long as there is not evidence to the contrary that you were aware of or should have been aware of (such as obvious evidence of a leak).
How bad is the leaking? Was it apparent with first rain after you occupied the house? Was there signs of leakage that you overlooked before buying? Did seller say anything else about this other than what was in the written disclosure? How much to fix roof?
You mention arbitration; is there a provision in your purchase agreement that requires arbitration? Did you get any type of homeowners warranty that covers the roof?
Different attorneys have different approaches to this. My approach is to gather sufficient information and start with a strong demand letter to seller.
Please e-mail me if you have questions.