Legal Question in Real Estate Law in Minnesota

MN Real Estate Law Question. . . I am a Realtor and my broker hasn't been super helpful with the question. I represented a buyer. During his home inspection, it revealed that the chimney may have some cracks. In our inspection requests, the seller agreed to have the fireplace/chimney inspected by a licensed inspector and have them indicate in writing if it was safe for use. The sellers did provide a written "OK" from a fireplace company, so we removed the inspection contingency and closed on the sale. Upon use of the fireplace, the house fills with smoke, so the buyer has another fireplace company come out, who informs him that it is definitely NOT safe to use. Turns out that the company the sellers hired sent out a non-licensed handyman type person who only did a cursory check. The person that signed the written statement was not the person that did the actual check. (We have this in writing from the fireplace company.) Do we have any recourse here? The sellers had the chimney checked, so not sure if the issue is against them or the fireplace company. Thank you!

Asked on 2/04/16, 7:05 am

1 Answer from Attorneys

David Hellmuth Hellmuth & Johnson, PLLC

In my view, the Buyer has a claim against the Seller for failing to disclose the true condition of the fireplace and chimney. The Buyer should get a repair bid and either sue or arbitrate the claim based on what rights are in the purchase agreement.

If the Buyer needs legal counsel, I may be able to assist them. [email protected].

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Answered on 2/04/16, 7:46 am

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