Legal Question in Real Estate Law in Minnesota

taking former owner to court over contract for deed

Bought 5 unit apt. bldg. cfd. may 1 02. 6,038.00 down old owner kept 2200.00 dam. deposits for total of 8238.00. Asked former owner prior to sale about heating,roof,plumbing,electrical and general condition of build. former owner disclosed buried fuel tank on prop. Had damage to roof due to tornado. Estimate was 800.00 to repair flat roof if underside not rotted. contractor stated that former owner knew of the roofs condition approx 7 years prior to sale but did not disclose to me. contractor agreed to testify in court. several other poor conditions have been found since the sale that were hidden by former owner. Can i ask the court for damages of return of down payment, 3,000.00 for new roof, and all repairs to building that were needed but not disclosed. want to return bldng. to former owner but dont want to lose all our money.


Asked on 10/02/03, 1:04 am

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: taking former owner to court over contract for deed

A court would usually prefer to award money damages rather than allow you to rescind the contract and go back to square one. You could ask for rescission in a lawsuit, but a remedy of damages would be much easier to get.

Good luck.

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Answered on 10/02/03, 11:20 am


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