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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114715
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We purchased a Modular home back in 2004 and had nothing

Customer Question

Hello We purchased a Modular home back in 2004 and had nothing but problems that the dealer was made aware of and they came out several times and never resolved the numerous other issues, I have read MN Statute 327A and from what I am reading they should have provided an inspection for all of the issues and provided a written repair etc within 30 days after being made aware of all of the issues. So my feeling is that they breached the home warranty and the statute of limitations should be tolled because of their lack of response to the documented problems is that true in the state of MN ? let me know I appreciate it. I have all kinds of emails, pics etc of everything as well thanks
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working wih you to provide you the information you are seeking for educational purposes only.
The problem you have is that this is 10 years later and the statute of limitations is not tolled when a person is aware of the defects and their breach of warranty and does not file suit within that statute of limitations period I am afraid. Because you were actually aware of these issues, you were responsible for pursuing action and filing suit within the proper statute of limitations of two years from discovery (See: MN Statute 541.051). The fact you have just become aware of your rights would not toll the statute of limitations either.
A potential slim argument does exist if you can prove that since 2004 the manufacturer has been making efforts at repair and they have been negligent and the 2 years would begin from their date of last effort to repair, but otherwise, waiting since 2004 to 2015 would be well beyond the statute of limitations and no tolling would legally be allowed I am afraid.

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