1.1 	A bill for an act
1.2 	relating to real property; statutory warranties; preserving certain statutory 
1.3 	warranty homeowner claims; providing for notice and opportunity to repair with 
1.4 	certain conditions;amending Minnesota Statutes 2004, sections 302A.781, by 
1.5 	adding a subdivision; 322B.863, by adding a subdivision; 327A.02, by adding 
1.6 	subdivisions.
1.7 	 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 302A.781, is amended by adding a 
1.9 	subdivision to read:
1.10 		Subd. 4.Statutory homeowner warranty claims preserved.  The statutory 
1.11 	warranties provided under section 327A.02 are not affected by a dissolution under this 
1.12 	chapter.

1.13 	Sec. 2. Minnesota Statutes 2004, section 322B.863, is amended by adding a 
1.14 	subdivision to read:
1.15 		Subd. 4.Statutory homeowner warranty claims preserved.  The statutory 
1.16 	warranties provided under section 327A.02 are not affected by a dissolution under this 
1.17 	chapter.

1.18 	Sec. 3. Minnesota Statutes 2004, section 327A.02, is amended by adding a subdivision 
1.19 	to read:
1.20 		Subd. 2a. Remedies unaffected by corporate dissolution.  The statutory 
1.21 	warranties provided in this section are not affected by the dissolution of a vendor or home 
1.22 	improvement contractor that is a corporation or limited liability company.

2.1 	EFFECTIVE DATE.  This section is effective retroactive from the effective dates 
2.2 	of Minnesota Statutes, section 327A.02, subdivisions 1 and 3, and is intended to clarify 
2.3 	the intent of the legislature in enacting those subdivisions.

2.4 	Sec. 4. Minnesota Statutes 2004, section 327A.02, is amended by adding a subdivision 
2.5 	to read:
2.6 		Subd. 4.Response from vendor to notice of claim. (a) Following notice under 
2.7 	section 327A.03, the vendee must allow an inspection and opportunity to offer to repair 
2.8 	the known loss or damage. The inspection must be performed and any offer to repair 
2.9 	must be made in writing to the vendee within 30 days of the vendor's receipt of the 
2.10 	written notice required under section 327A.03, clause (a), alleging loss or damage. The 
2.11 	applicable statute of limitations is tolled from the date the written notice provided by the 
2.12 	vendee is postmarked, or if not sent through the mail, received by the vendor until the 
2.13 	earliest of the following:
2.14 	(1) the date the vendor gives written notice to the vendee of the vendor's offer 
2.15 	to repair;
2.16 	(2) rejection of the claim;
2.17 	(3) failure by the vendor to make an offer to repair within the 30-day period 
2.18 	described in this subdivision; or
2.19 	(4) 180 days.
2.20 	(b) Upon completion of repairs described in an offer to repair, the vendor must 
2.21 	provide the vendee with a list of repairs made and a notice that the vendee may have a 
2.22 	right to pursue a warranty claim under chapter 327A. Provision of this statement is not 
2.23 	an admission of liability.
2.24 	For purposes of this subdivision, "vendor" includes a home improvement contractor.