Legal Question in Real Estate Law in Minnesota

Can a seller be forced to take back a defective home?

I purchased the home two years ago. There's water running under the sheet rock in the basement(basement's finished)in multiple areas. Mold is visible in those areas. Other walls are turning brown and ''bubbling'', it wasn't initially noticed(they were camaflouged with spray paint). There's electrical issues, with appliance cords getting hot, broken sewer line under my basement floor... according to multiple plumbers, years of grease was poured down the drain. Plumbers tried to ''blow'' the line, but is pulling up clay and now they have to rip up the entire basement floor to replace, which means tearing down quite a few walls, dismantling my furnace and newly remodeled basement stairs. The list of problems goes on!!! Nothing was disclosed--name removed--the seller and since the first week of living in this home, our realtor has been notified of every problem. Unfortunetly, we opted for ''Arbitration''. With the extent of repairs, is there an option to give the home back to the seller?


Asked on 1/30/06, 6:51 am

1 Answer from Attorneys
Steven Vatndal Law Office of Steven J. Vatndal

Re: Can a seller be forced to take back a defective home?

Recission (i.e. giving the house back to sellers) is not a viable remedy under the facts you describe. While you describe facts that may make the seller (and perhaps real estate broker) liable; I am very concerned about the amount of time that has passed. Deadlines are usually counted from the date you did or should have realized the problem. The arbitration clause will provide a deadline for filing an arbitration claim. In the absence of fraud or other unusual facts, you are stuck with arbitration. Please e-mail me if you want to discuss this further ([email protected]).

Read more
Answered on 1/30/06, 9:37 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Minnesota