SF 289

1st 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, section 327A.02, by adding a subdivision. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 327A.02, is 
  1.7   amended by adding a subdivision to read: 
  1.8      Subd. 4.  [ACTION ALLOWED; LIMITATION.] An owner or vendee 
  1.9   has one year following the expiration of each of the warranty 
  1.10  periods provided in subdivisions 1 and 3, to discover a defect 
  1.11  which has occurred within the warranty period.  An action under 
  1.12  this section must be brought within two years of the discovery 
  1.13  of the defect.  Notwithstanding any law to the contrary, no 
  1.14  action under this section may be brought more than three years 
  1.15  after the expiration of each of the warranty periods provided in 
  1.16  subdivisions 1 and 3.