Rosso v. Hallmark Homes (Minnesota)

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.

Amicus Curiae Briefs

Amicus curiae briefs allow CAI to educate a court about important legal and policy issues in cases related directly to the community association industry. If your association, municipality or state is being faced with a poorly formulated legal opinion, please consider contacting CAI and submitting an application for an amicus brief. If you have any questions, contact CAI's Government and Public Affairs department at [email protected] 

  • Brief Request Submission Procedure

    Amicus curiae (friend of the court) briefs allow organizations with an expertise in a certain area of the law to educate a court about the legal issues in a particular case.

    Learn more about submission procedures
  • Brief Request Review Procedure

    Amicus requests submitted to CAI shall be reviewed by an Amicus Curiae Advisory Committee (Amicus Committee). An Amicus Curiae Review Panel shall vote by e-mail or via conference call on the request.
    Learn more about review procedures