Legal Question in Real Estate Law in Minnesota

Disclosure on new home construction

Is a new home contractor required to disclose a known defect in the foundation of a new home to a prospective buyer before the purchase is made? We discovered a crack in the foundation wall approx. 5 months after we bought a new home after a rain, and the contractor admitted they cracked it months before we bought the home. Did the have to disclose that info to us? PLEASE help!


Asked on 11/12/00, 10:42 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Disclosure on new home construction

There is a warranty statute in Minnesota which requires that a newly constructed house be free from major structural defects for several years. It might not be so much a question of disclosure as a question of what kind of defect do you have and does it violate the warranty statute.

If it is covered by the statute, the contractor can be required to repair the problem.

You need to consult a lawyer who can go over the details of the problem with you and compare it to the warranty provisions of the law. Only then will you know how to proceed.

Feel free to contact me if you like at 952-544-6356.

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Answered on 11/20/00, 11:18 am


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