SF 104

as introduced - 89th Legislature (2015 - 2016) Posted on 01/16/2015 08:59am

A bill for an act
relating to civil actions; statutory housing warranties; allowing recovery of
attorney fees by a prevailing vendor or owner for breaches; amending Minnesota
Statutes 2014, section 327A.05.

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

Section 1.

Minnesota Statutes 2014, 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 court may award the vendee reasonable attorney fees. new text end Damages
shall be limited to:

(a) the amount necessary to remedy the defect or breach; or

(b) 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 court may award the owner reasonable attorney
fees. new text end Damages shall be limited to the amount necessary to remedy the defect or breach.

Sec. 2. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Section 1 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