Real Estate: Non-Disclosure Dispute Options

The grand flurry of real estate transactions in the past 18 months was great for a lot of industry players. Successfully closed transactions (hopefully) created happy buyers and happy sellers. The preference, of course, is for folks to be happy with their new home. The reality is that some will not be.

Upon moving into a new home and kicking the proverbial tires the new homeowner may learn of undisclosed issues with the home. If the issues affect the owner's use and enjoyment of the property, there will be a cause of action against the seller. Some facts are material whether you are in Lino Lakes or St. Paul, such as leaky shingles, mold, and the like. Other facts are more subjective and may vary if your property is in Hugo compared to Lake of the Woods.

It is critical to identify if you signed an arbitration agreement as part of your transaction. If so, you have only 1 year to bring claims and the NCDS administers the process. The NCDS has a roster of decision makers—some are among the best lawyers in Minnesota, some are, in my experience, grossly incompetent. If you did not sign an arbitration disclosure, you have much more time.

Whether your claim must be asserted via arbitration or litigation, you will be entering into an adversarial process with witnesses, testimony, experts, and exhibits. I have unfortunately heard of stories where parties don't even subpoena a witness because they felt they could just repeat what the witness would have said—a major mistake.

I have represented parties in many real estate disputes and would much rather you at least discuss your case with me and how to go about it rather than make a simple mistake that costs you substantial money.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

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