Legal Question in Real Estate Law in Minnesota

Wet Crawl Space In Home

I purchased home in August. A mold inspector told us to take down insulation in basement.When we did, we discovered a crawl space that had been covered up,the insulation stretched up right over the space.The crawl space has a hole, about three feet wide, and three feet deep, inside on the other side of basement wall. There are several inches of stagnant water in it.It has been there for a long time as there is construction debris rotted and molding in it.(built in 1994) There is seepage into the basement from it.(There is mold, which is a big concern because we have a 6 month old.)Our building inspector wrote ''N/A'' on report because it was covered up, couldn't see it. Wrote a letter to former owner and asked them to pay for repairs,about $7500. They forwarded the letter on to their real estate agent's company who replied ''no'' for them.The reason was that the home was built to have a crawl space that was ''unfinished.''What does this have to do with the claim that they covered up the problem with the insulation that they installed? We simply want it corrected by a waterproofing contracter, not finished.The seller disclosure says the basement was wet because of a sump pump failure.we're first time homebuyers. any advice appreciated


Asked on 1/02/06, 4:55 pm

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

Re: Wet Crawl Space In Home

Starting last year, sellers are required to provide a disclosure report. The first thing I'd check is whether what you recieved complies. However, in providing a disclosure report, the sellers are not guaranteeing a particular condition, but rather giving you their knowledge about the condition. If the sellers had no knowledge of the problem and they provided adequate disclosure, they may not be liable. I am unclear whether you got the instruction to remove the insulation before or after you purchased. If your inspector told you to look behind the insulation before purchase and you did not; that may also relieve the sellers of liability. Your inspector may be liable if he did not tell you to look behind the insulation before purchase; or if he did not look behind it himself. Broker liability is also a slight possibility, but I don't have enough facts to comment. I'd be happy to discuss further. [email protected]

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Answered on 1/03/06, 6:28 am


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