Legal Question in Real Estate Law in Minnesota

Not working condition things are not disclosed

I just bought a house. I recently found out that the swimming pool liner needs to be replaced (~$3000) since it's in bad shape (tonr out) and the second freeze needs to be disposed (broken). The previouse owner didn't disclose it at all. I had the inspection for the house since it was winter and the pool was all covered by snow we couldn't see any problem. Now after talking to my Agent I sent out 2 estimates to to my previouse owners but they denied to pay any money to me. But they blaimed on it saying that may be I did something to it. Now my agent thinks I should take them to a court but the question is am I going to get any money back? Any advice is so helpful.

ThankS


Asked on 5/29/03, 12:56 am

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

Re: Not working condition things are not disclosed

Conciliation court jurisdiction is $7000 in Minnesota, so this is the kind of thing you could go there with and do it without a lawyer.

You would be well advised, however, to at least consult a lawyer before you do that. A lawyer could coach you a bit on how to approach the claim.

The main thing I would want to look at if you consulted me would be the purchase agreement and any disclosures which were made with the purchase agreement. There is usually a sheet where blanks are filled in or boxes are checked off about the condition of various things in the house. You should look for something on that disclosure which is not true. I assume they said the pool was fine on that document. If that is the case, you have a claim for misrepresentation.

Another theory of your case could be intentional concealment of a defect which they knew about. Why didn't they dig out the pool area so it could be inspected? Possibly because they knew about the problem.

Good luck.

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Answered on 5/29/03, 11:32 am


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