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.
