Legal Question in Real Estate Law in Minnesota

Are we responsible for water in basement?

We sold our house in 2004. We disclosed that we had had a wet basement, due to myself not putting the downspouts on the house. Recently we went to court for ''misrepresentation''. They stated that they had water in the basement one week after they bought the house and had seepage for the next year. Shortly after we sold that house they got rain in the amount 13 inches in 2 1/2 weeks, then dug up the front lawn to put a septic system in. We lived there 5 years spent $30,000 finishing the basement. He wants $4800.00 for repairs and waterproofing that was recently completed. I went to court and lost. The judge said ''obviously long-term damage'' and sided with the plaintiff. Did I mention the plaintiff was Asst. DA for the county? This isn't costing him anything...If I hire a lawyer for an appeal it could cost me the same as if I settle. What can I do to help myself? I thought this was a no-brainer--everyone told me as much. Mother Nature hit and we have to pay????


Asked on 5/01/06, 9:27 pm

1 Answer from Attorneys
David Hellmuth Hellmuth & Johnson, PLLC

Re: Are we responsible for water in basement?

If you disclosed that you had a wet basement, I fail to see how you misrepresented anything. Thus, who cares if it was long term, you disclosed it. Unfortunately, you are right, there is no easy answer. If you appeal and win, you will likely spend more money that what they were awarded. If you pay it or negotiate a lower amount, it is over. I can assist with either but it is expensive to hire a lawyer. I am willing to help but usually require a $2500.00 retainer on all new files. Let me know if you need help. Good luck.

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Answered on 5/02/06, 8:52 am


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