HF 556

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to airport zoning regulations; establishing disclosure duties regarding
airport zoning; amending Minnesota Statutes 2006, sections 82.22, subdivision
8; 513.56, subdivision 3; repealing Minnesota Statutes 2006, section 360.065,
subdivision 3.

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

Section 1.

Minnesota Statutes 2006, section 82.22, subdivision 8, is amended to read:

Subd. 8.

Material facts.

(a) Licensees shall disclose to any prospective purchaser
all material facts of which the licensees are aware, which could adversely and significantly
affect an ordinary purchaser's use or enjoyment of the property, or any intended use of the
property of which the licensees are aware.

(b) It is not a material fact relating to real property offered for sale the fact or
suspicion that the property:

(1) is or was occupied by an owner or occupant who is or was suspected
to be infected with human immunodeficiency virus or diagnosed with acquired
immunodeficiency syndrome;

(2) was the site of a suicide, accidental death, natural death, or perceived paranormal
activity; or

(3) is located in a neighborhood containing any adult family home, community-based
residential facility, or nursing home.

(c) A licensee or employee of the licensee has no duty to disclose information
regarding an offender who is required to register under section 243.166, or about whom
notification is made under that section, if the broker or salesperson, in a timely manner,
provides a written notice that information about the predatory offender registry and
persons registered with the registry may be obtained by contacting local law enforcement
where the property is located or the Department of Corrections.

(d) new text begin A licensee or employee of the licensee has no duty to disclose information
regarding airport zoning regulations if the broker or salesperson, in a timely manner,
provides a written notice that a copy of the airport zoning regulations as adopted can be
reviewed or obtained at the office of the county recorder where the zoned area is located.
new text end

new text begin (e) new text end A licensee is not required to disclose, except as otherwise provided in paragraph
deleted text begin (e) deleted text end new text begin (f) new text end , information relating to the physical condition of the property or any other
information relating to the real estate transaction, if a written report that discloses the
information has been prepared by a qualified third party and provided to the person. For
the purposes of this paragraph, "qualified third party" means a federal, state, or local
governmental agency, or any person whom the broker, salesperson, or a party to the real
estate transaction reasonably believes has the expertise necessary to meet the industry
standards of practice for the type of inspection or investigation that has been conducted by
the third party in order to prepare the written report and who is acceptable to the person to
whom the disclosure is being made.

deleted text begin (e) deleted text end new text begin (f) new text end A licensee shall disclose to the parties to a real estate transaction any facts
known by the broker or salesperson that contradict any information included in a written
report, if a copy of the report is provided to the licensee, described in paragraph deleted text begin (d) deleted text end new text begin (e) new text end .

deleted text begin (f) deleted text end new text begin (g) new text end The limitation on disclosures set forth in paragraphs (b) and (c) shall modify
any common law duties with respect to disclosure of material facts.

Sec. 2.

Minnesota Statutes 2006, section 513.56, subdivision 3, is amended to read:

Subd. 3.

Inspections.

(a) Except as provided in paragraph (b), a seller is not
required to disclose information relating to the real property if a written report that
discloses the information has been prepared by a qualified third party and provided to the
prospective buyer. For purposes of this paragraph, "qualified third party" means a federal,
state, or local governmental agency, or any person whom the seller, or prospective buyer,
reasonably believes has the expertise necessary to meet the industry standards of practice
for the type of inspection or investigation that has been conducted by the third party in
order to prepare the written report.

(b) A seller shall disclose to the prospective buyer material facts known by the
seller that contradict any information included in a written report under paragraph (a) if a
copy of the report is provided to the seller.

new text begin (c) The seller has no duty to disclose information regarding airport zoning
regulations if the seller, in a timely manner, provides a written notice that a copy of the
airport zoning regulations as adopted can be reviewed or obtained at the office of the
county recorder where the zoned area is located.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 360.065, subdivision 3, new text end new text begin is repealed.
new text end