Minnesota Real Estate Arbitration

Most residential real estate purchase agreements in Minnesota offer the buyer and seller the option of agreeing to real estate arbitration, rather than a trial in court, as a way of resolving disputes. As with all choices in life, there are positives and negatives to selecting arbitration. This article discusses how a buyer should think…

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Builder Negligence In Minnesota: What You Need To Know

Builders seek to build homes in conformity with local building codes and industry standards. Sometimes their work falls short. If that happens, a property owner may be entitled to pursue a negligence claim against the builder. Negligence Defined Negligence claims are among the most common claims asserted against builders. While the term “negligence” is commonly…

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Real Estate Fraud and Forgery

Over the years, I’ve handled a number of cases involving document forgery and real estate fraud. In each case, the forger is trying to either steal money or property. For instance, in one case, an individual forged his partner’s signature on a deed and then recorded the fake deed. He did this so that the…

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Establishing Property Ownership by Possession

Most people come to own real estate the old fashion way: They buy the property from the owner. In exchange, they usually receive a deed conveying title to the property. But, a conveyance is not the only way to acquire real property. People also come to own real property by possessing the property for a…

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Establishing a Boundary by Practical Location

Practical location is a legal doctrine that can be used to establish a new location of a property boundary. The doctrine may be used to establish a boundary line where none can be located or agreed upon. More commonly, however, the doctrine is used to change a boundary line from what is reflected on a…

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Minnesota Contractors Must Promptly Pay Subcontractors

The Prompt Payment Statute Minnesota’s prompt payment statute provides that all construction contracts are deemed to require a prime contractor and all subcontractors to promptly pay their subcontractors and material suppliers within ten days of receipt of payment for undisputed services. Prior to its amendment, the statute penalized a party failing to make a prompt payment by…

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What Must A Minnesota Seller Disclose About Real Estate?

Minnesota law requires that all sellers of residential property disclose to prospective buyers all “material facts” that could affect a buyer’s use and enjoyment of the property. Minnesota law also requires that real estate salespeople disclose to buyers material information that they may know about the property. The failure to make these required disclosures can…

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