Source: Fox News 9 (Minnesota)
Published : Monday, 25 May 2009, 9:51 PM CDT
ST. PAUL, Minn. - Your home is the biggest purchase you'll ever make, but homeowners have few legal rights when it comes to disputes between them and contractors. A group of Minnesota lawmakers has been trying to change that but their fight has hit a major road block.
Brooke Simpson bought a Forest Lake home three years ago and had big plans for it. But fire put a stop to those plans in February 2008. Simpson hired a contractor to make repairs. But she claims he never properly removed mold and moisture that started to grow in the house in the weeks after the fire.
“The mask is for the overabundance of mold and toxins that are in our house that cause respiratory problems,” said Simpson.
She says tests show mold levels in the house are 50 percent greater than what is considered acceptable.
She'd like to sue the contractor for the damages but believes she won't be able to afford the expenses that come with taking a case like this to court.
In Minnesota, homeowners can't get their attorney fees reimbursed if they sue a contractor. If the award is $150,000 and the attorney's fees are $70,000 the homeowner doesn't have adequate funds to repair the damage done to their home.
This past legislative session representative Marsha Swails tried to get the law changed to help homeowners who win their cases in court.
But Governor Tim Pawlenty vetoed the bill along with four others designed to help homeowners with construction defects.
"We should be cautious about placing more burdens on the housing sector during this historic recession," said Pawlenty. Swails is not letting that stop her. She wants to start working on drafting new legislation this summer that would make the governor, the construction industry and homeowners happy.
“I am really hoping that bringing all the players together that we can come up with a solution,” said Swails.
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