HF 1375

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to real property; statutory warranties; preserving certain statutory
warranty homeowner claims; providing for notice and opportunity to repair with
certain conditions; amending Minnesota Statutes 2004, sections 302A.781, by
adding a subdivision; 322B.863, by adding a subdivision; 327A.02, by adding
subdivisions.

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

Section 1.

Minnesota Statutes 2004, section 302A.781, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Statutory homeowner warranty claims preserved. new text end

new text begin The statutory
warranties provided under section 327A.02 are not affected by a dissolution under this
chapter.
new text end

Sec. 2.

Minnesota Statutes 2004, section 322B.863, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Statutory homeowner warranty claims preserved. new text end

new text begin The statutory
warranties provided under section 327A.02 are not affected by a dissolution under this
chapter.
new text end

Sec. 3.

Minnesota Statutes 2004, section 327A.02, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Remedies unaffected by corporate dissolution. new text end

new text begin The statutory
warranties provided in this section are not affected by the dissolution of a vendor or home
improvement contractor that is a corporation or limited liability company.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactive from the effective dates
of Minnesota Statutes, section 327A.02, subdivisions 1 and 3, and is intended to clarify
the intent of the legislature in enacting those subdivisions.
new text end

Sec. 4.

Minnesota Statutes 2004, section 327A.02, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Response from vendor to notice of claim. new text end

new text begin (a) Following notice under
section 327A.03, the vendee must allow an inspection and opportunity to offer to repair
the known loss or damage. The inspection must be performed and any offer to repair
must be made in writing to the vendee within 30 days of the vendor's receipt of the
written notice required under section 327A.03, clause (a), alleging loss or damage. The
applicable statute of limitations is tolled from the date the written notice provided by the
vendee is postmarked, or if not sent through the mail, received by the vendor until the
earliest of the following:
new text end

new text begin (1) the date the vendor gives written notice to the vendee of the vendor's offer
to repair;
new text end

new text begin (2) rejection of the claim;
new text end

new text begin (3) failure by the vendor to make an offer to repair within the 30-day period
described in this subdivision; or
new text end

new text begin (4) 180 days.
new text end

new text begin (b) Upon completion of repairs described in an offer to repair, the vendor must
provide the vendee with a list of repairs made and a notice that the vendee may have a
right to pursue a warranty claim under chapter 327A. Provision of this statement is not
an admission of liability.
new text end

new text begin For purposes of this subdivision, "vendor" includes a home improvement contractor.
new text end