SF 3260

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to real property; requiring furnace 
  1.3             certification at time of sale; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 325F. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [325F.185] [REAL PROPERTY SALE; FURNACE 
  1.7   CERTIFICATION.] 
  1.8      (a) Before signing an agreement to sell or transfer real 
  1.9   property, the seller must deliver to the buyer a certification 
  1.10  that the fuel-burning furnace has been inspected and tested by a 
  1.11  qualified professional for carbon monoxide emissions within the 
  1.12  last 30 days and has been found to be safe.  For purposes of 
  1.13  this section, a "fuel-burning furnace" means any forced-air-type 
  1.14  central furnace that is designed to burn oil or natural gas. 
  1.15     (b) A gas furnace certification need not be provided if the 
  1.16  real property does not contain a fuel-burning furnace and the 
  1.17  deed or other instrument of conveyance contains this statement:  
  1.18  "The seller certifies that the seller does not know of any 
  1.19  fuel-burning furnace on the described property." 
  1.20     (c) Unless the buyer or transferee and seller or transferee 
  1.21  agree to the contrary in writing before the closing of a sale, a 
  1.22  seller or transferor who fails to provide a safety certification 
  1.23  for a fuel-burning furnace, and who knew or had reason to know 
  1.24  of the existence of known status of the fuel-burning furnace, is 
  1.25  liable to the buyer or transferee for costs relating to ensuring 
  2.1   the safety of the fuel-burning furnace against emissions, 
  2.2   including replacement, and for reasonable attorney fees for 
  2.3   collection of costs from the seller or transferor.  An action 
  2.4   under this section must be commenced within two years after the 
  2.5   date on which the buyer or transferee closed the purchase or 
  2.6   transfer of the real property where the fuel-burning furnace is 
  2.7   located.