Legal Question in Real Estate Law in Minnesota

Home Builder Repair Responsibility/Liability

I am the second owner of a 3 year old home. I have lived in the home for one year. The original owners

reported a water leakage problem to the builder that was supposedly repaired. The leakage problem has returned. What legal recourse do I have against the builder? Against the previous owner?


Asked on 7/09/00, 1:18 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Home Builder Repair Responsibility/Liability

Disclaimer:

This reponse does not create an attorney-client relationship. It is for general information purposes only. You are advised to consult an attorney of your choice concerning the specifics of your case.

Response:

First, see if there is a warranty which was provided by the builder. Many new homes come with such warranties. If there is none, the state provides a warranty in Minnesota Statutes Section 327A. The problem with the statute is, however, that after the first two years, the warranties are limited to "major structural defects."

My suggestion: assuming no warranty provided by the builder or by your seller, consult an attorney about the possibility of claiming that this is a defect that arose in the first year, was complained of, but was never properly repaired. During the first year the statute says the place is to be free of defects caused by faulty workmanship, which sounds like what you have. These warranties come with the house even though you are not the first owner.

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Answered on 9/08/00, 12:42 pm


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