HF 3559

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; regulating statutory housing warranties; modifying
remedies; amending Minnesota Statutes 2004, section 327A.05.

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

Section 1.

Minnesota Statutes 2004, 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. new text begin If the vendee is the
prevailing party, the vendee may also be awarded the vendee's costs, disbursements, and
reasonable attorney fees. new text end Damages shall be limited to:

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

deleted text begin (b) deleted text end new text begin (2) new text end the difference between the value of the dwelling without the defect and
the value of the dwelling with the defect.

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.
new text begin If the owner is the prevailing party, the owner may also be awarded the owner's costs,
disbursements, and reasonable attorney fees. new text end Damages shall be limited to the amount
necessary to remedy the defect or breach.

new text begin EFFECTIVE DATE. new text end

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