SF 1099

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

A bill for an act
relating to civil actions; statutory housing
warranties; regulating recovery for breaches; 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 must also be awarded
the vendee's costs, disbursements, and 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
owner must 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.

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