Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature
Office of the Revisor of Statutes

HF 239

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:35am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Pdf Rtf

Bill Text Versions

Engrossments
Introduction Posted on 01/21/2009
1st Engrossment Posted on 03/16/2009
2nd Engrossment Posted on 05/11/2009
3rd Engrossment Posted on 05/18/2009
Committee Engrossments
1st Committee Engrossment Posted on 03/02/2009

Current Version - 3rd Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23
2.1 2.2
2.3 2.4 2.5 2.6 2.7

A bill for an act
 relating to real estate; permitting homeowners to recover certain damages
incurred due to faulty construction; prohibiting double recovery; amending
Minnesota Statutes 2008, section 327A.05; proposing coding for new law in
Minnesota Statutes, chapter 327A.

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

Section 1.

Minnesota Statutes 2008, section 327A.05, is amended to read:


327A.05 REMEDIES.

Subdivision 1.

New home warranties.

Upon breach of any warranty imposed
by section 327A.02, subdivision 1, the vendee shall have a cause of action against the
vendor for damages arising out of the breach, or for specific performance. Damages
shall be limited to:

deleted text begin (a)deleted text end new text begin (1)(i)new text end the amount necessary to remedy the defect or breach; or

deleted text begin (b)deleted text end new text begin (ii)new text end the difference between the value of the dwelling without the defect and the
value of the dwelling with the defectdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (2) reasonable costs for short-term housing made necessary as a result of the breach,
not to exceed the current maximum per diem rate set by the United States General Services
Administration that applies to the location of the property.
 new text end

Subd. 2.

Home improvement warranty.

Upon breach of any warranty imposed by
section 327A.02, subdivision 3, the owner shall have a cause of action against the home
improvement contractor for damages arising out of the breach, or for specific performance.
Damages shall be limited to the amount necessary to remedy the defect or breachnew text begin , plus
costs referenced in subdivision 1, clause (2)new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

new text begin [327A.09] DOUBLE RECOVERY PROHIBITED.
 new text end

new text begin A person who recovers damages under sections 327A.01 to 327A.08 may not
recover the same costs or damages under any other law. A person who recovers damages
under any other law may not recover for the same costs or damages under sections
327A.01 to 327A.08.
 new text end