HF 1375

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to real property; statutory warranties; providing for notice and
opportunity to repair with certain conditions; amending Minnesota Statutes 2004,
section 327A.02, by adding a subdivision.

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

Section 1.

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