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HF 412

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to real estate; adjusting the statute of repose for homeowner warranty
claims; amending Minnesota Statutes 2008, section 541.051, subdivision 4.

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

Section 1.

Minnesota Statutes 2008, section 541.051, subdivision 4, is amended to read:


Subd. 4.

Applicability.

deleted text begin For the purposes ofdeleted text end new text begin This section does not apply tonew text end actions
based on breach of the statutory warranties set forth in section 327A.02, or to actions based
on breach of an express written warranty, new text begin except as provided by this subdivision. new text end Such
actions shall be brought within two years of the discovery of the breachnew text begin in all cases where
the breach is discovered within ten years after the warranty datenew text end . deleted text begin In the case of an action
under section 327A.05, which accrues during the ninth or tenth year after the warranty
date, as defined in section 327A.01, subdivision 8, an action may be brought within two
years of the discovery of the breachdeleted text end new text begin Where the breach is discovered more than ten years
after the warranty date, such actions shall be brought within one year after the discovery
of the breachnew text end , but in no event may an action under section 327A.05 new text begin or an action based on
breach of an express written warranty new text end be brought more than 12 years after the deleted text begin effectivedeleted text end
warranty date. An action for contribution or indemnity arising out of actions described in
this subdivision may be brought no later than two years after the earlier of commencement
of the action against the party seeking contribution or indemnity, or payment of a final
judgment, arbitration award, or settlement arising out of the breach.

new text begin EFFECTIVE DATE. new text end

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