---
title: "Trial Victory: Failure to Disclose In Sale of Real Estate"
description: merits of a good non disclosure case
image: https://www.gallatin-law.com/hubfs/Canva%20images/Canva%20Design%20DAEWWY9EsHU.png
---
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02/17/2021
# Trial Victory: Failure to Disclose In Sale of Real Estate
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Trials are rare right now with COVID, but they are still happening. Another very favorable trial result was just achieved by Gallatin Law for a homeowner in Hopkins. Trial was in Hennepin County.
At issue was whether the sellers failed to disclose prior water intrusion at the subject home. From our perspective, this was an easy element to prove. The client did an excellent job of researching the history of the property and found a past tenant who affirmatively testified of basement flooding. Moreover, that flooding was made known to the seller who actually helped clean the water! So, not necessarily great lawyering on that element, by me, but a good indication of how collaboration with the client happens at this firm.
The more difficult issue was proving the relationship between the non-disclosure and the actual damages. While real estate case damages are generally based on the difference in value attributable to the undisclosed prior damage, commonly there is a dollar for dollar allocation of remediation to value. In this case, that is just what happened and every dollar of remediation expense was awarded.
It was unfortunate the matter had to get to court, but sometimes that's how it goes. Good results are never guaranteed and are the product of diligent work. Let's collaborate on your litigation matters to reach another successful outcome.
- [non disclosed problems](https://www.gallatin-law.com/blog/tag/non-disclosed-problems),
- [real estate](https://www.gallatin-law.com/blog/tag/real-estate),
- [realestate](https://www.gallatin-law.com/blog/tag/realestate)
## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin)
Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo.
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