HF 3091
1st Committee Engrossment - 85th Legislature (2007 - 2008)
Posted on 12/22/2009 12:38 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to real estate; permitting homeowners to recover short-term housing costs
1.3due to faulty construction;amending Minnesota Statutes 2006, section 327A.05.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2006, section 327A.05, is amended to read:
1.6327A.05 REMEDIES.
1.7 Subdivision 1. New home warranties. Upon breach of any warranty imposed
1.8by section
327A.02, subdivision 1, the vendee shall have a cause of action against the
1.9vendor for damages arising out of the breach, or for specific performance. Damages
1.10shall be limited to:
1.11 (a)new text begin (1)(i)new text end the amount necessary to remedy the defect or breach; or
1.12 (b)new text begin (ii)new text end the difference between the value of the dwelling without the defect and the
1.13value of the dwelling with the defectnew text begin ; andnew text end
1.14 new text begin (2) reasonable costs for short-term housing made necessary as a result of the breachnew text end .
1.15 Subd. 2. Home improvement warranty. Upon breach of any warranty imposed by
1.16section
327A.02, subdivision 3, the owner shall have a cause of action against the home
1.17improvement contractor for damages arising out of the breach, or for specific performance.
1.18Damages shall be limited to the amount necessary to remedy the defect or breachnew text begin and new text end
1.19new text begin reasonable costs for short-term housing made necessary as a result of the breachnew text end .
1.20new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
1.21new text begin and applies to actions commenced on or after that date.new text end