SF 289

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to real property; specifying limitation of 
  1.3             actions based on breach; amending Minnesota Statutes 
  1.4             2002, sections 327A.02, by adding a subdivision; 
  1.5             541.051, subdivision 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 327A.02, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 4.  [ACTION ALLOWED; LIMITATION.] An owner or vendee 
  1.10  has one year following the expiration of each of the warranty 
  1.11  periods provided in subdivisions 1 and 3, to discover a defect 
  1.12  which has occurred within the warranty period.  An action under 
  1.13  this section must be brought within two years of the discovery 
  1.14  of the defect.  Notwithstanding any law to the contrary, no 
  1.15  action under this section may be brought more than three years 
  1.16  after the expiration of each of the warranty periods provided in 
  1.17  subdivisions 1 and 3. 
  1.18     Sec. 2.  Minnesota Statutes 2002, section 541.051, 
  1.19  subdivision 4, is amended to read: 
  1.20     Subd. 4.  [APPLICABILITY.] This section shall not apply to 
  1.21  actions based on breach of the statutory warranties set forth in 
  1.22  section 327A.02, or to actions based on breach of an express 
  1.23  written warranty, provided such actions shall be brought within 
  1.24  two years of the discovery of the breach or as otherwise 
  1.25  provided in section 327A.02.