HF 3091
Introduction - 85th Legislature (2007 - 2008)
Posted on 12/15/2009 12:00 a.m.
Bill Text Versions
| Engrossments | ||
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Introduction
PDF
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Posted on 02/15/2008 |
| Committee Engrossments | ||
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1st Committee Engrossment
PDF
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Posted on 02/27/2008 |
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A bill for an act
relating to real estate; permitting homeowners to recover all damages incurred
due to faulty construction; amending Minnesota Statutes 2006, section 327A.05.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, 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. deleted text begin Damages
shall be limited to:deleted text end
deleted text begin
(a) the amount necessary to remedy the defect or breach; or
deleted text end
deleted text begin
(b) the difference between the value of the dwelling without the defect and the value
of the dwelling with the defect.
deleted 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.
deleted text begin Damages shall be limited to the amount necessary to remedy the defect or breach.deleted 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