Legal Question in Real Estate Law in Minnesota

I recently purchased October 28, 2011. On December 28, 2011 I received a letter from my city talking about a future road assessment project to be completed in the summer of 2012. The letter I received on Dec 28 was the first notice I had ever heard about the project.

The city started informing residents Sep 2010 to prepare for the future road assessment project. They mailed out letters and had open houses. The city council approved the motion Jan 17, 2012 to go ahead with this project.

I was blindsided with this road assessment project. Who is legally responsible for disclosing this future assessment project? Would it be the sellers, selling Agent? Other party?

Should have this information been found in a title search.


Asked on 1/24/12, 7:28 am

1 Answer from Attorneys
Daniel Reiff Reiff Law Office

Generally, this information must be disclosed to the buyer prior to closing if the seller knows about it. Then other provisions kick in (such as rescission, negotiation, etc.). I'm not entirely sure if that is the case with you, but it looks like there is a good chance this was information the seller was required to disclose. The failure to do so may give you a legal claim. I think you ought to contact an attorney to review you case in more detail, give you a firmer opinion, and potentially move forward with a claim.

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Answered on 1/24/12, 3:27 pm


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