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HF 412

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - 3rd Engrossment

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A bill for an act
 relating to real estate; adjusting the statute of repose for homeowner warranty
claims; amending Minnesota Statutes 2008, section 541.051, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 541.051, subdivision 4, is amended to read:


Subd. 4.

Applicability.

deleted text begin For the purposes ofdeleted text end new text begin This section does not apply tonew text end actions
based on breach of the statutory warranties set forth in section 327A.02, or to actions based
on breach of an express written warranty,new text begin except as provided by this subdivision.new text end Such
actions shall be brought within two years of the discovery of the breach new text begin in all cases where
the breach is discovered within ten years after the warranty datenew text end . deleted text begin In the case deleted text end deleted text begin of an action
under section deleted text end deleted text begin 327A.05deleted text end deleted text begin , which accrues during the ninth or tenth year after the deleted text end deleted text begin warranty
date, as defined in section deleted text end deleted text begin 327A.01, subdivision 8deleted text end deleted text begin , an action may be brought deleted text end deleted text begin within two
years of the discovery of the breachdeleted text end new text begin Where the breach is discovered more than ten years
after the warranty date, these actions must be brought within one year after the discovery
of the breachnew text end , but in no event may an action deleted text begin underdeleted text end deleted text begin section deleted text end be brought more than
12 years after the deleted text begin effectivedeleted text end warranty date. An action for contribution or indemnity arising
out of actions described in this subdivision may be brought no later than two years after the
earlier of commencement of the action against the party seeking contribution or indemnity,
or payment of a final judgment, arbitration award, or settlement arising out of the breach.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to cases pending or commenced on or after that date.
 new text end