Rosso v. Hallmark Homes (Minnesota)
The Rossos were the first purchasers of a single family home built by Hallmark Homes of Minneapolis, Inc. The home was used as a model by the builder for a period of months before selling it to the Rossos. At the time they signed the purchase agreement, they signed a Seller’s Property Disclosure Form that indicated the house was in working order. One day prior to closing, Hallmark obtained a Certificate of Occupancy for the home. Both city and state law required a Certificate of Occupancy before a home could be occupied as a residence. Ten years and six days after signing the purchase documents, but less than 10 years after the Certificate of Occupancy for the home was issued, the Rossos discovered construction defects and extensive damage to the home.
The statute of repose starts to run “when construction is sufficiently completed to that the owner or the owner’s representative can occupy or use the improvement for the intended purpose.” Minnesota law provides that “no building or structure shall be occupied or used…until the building official has issued a certificate of occupancy thereof.” This applies to single family and multi-family residences. The purpose of this certificate of occupancy is to certify that a residence has been inspected by a local building official and has been determined to be safe for occupancy.
Brief: N/A
Prior Ruling: Appeals Court Decision
Status: Court denied request to file an amicus brief
CAI Amicus Brief Author: Dave Hammargren, Esq. & Jennifer Thompson, Esq.
CAI Amicus Brief Review Committee: Stephen Marcus, Esq; Jennifer Jacobsen, Esq; Kenneth Chadwick, Esq; Mary Howell, Esq.; Robert Diamond, Esq.