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SF 3604

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to real estate; adjusting the statute of repose for homeowner warranty
claims; amending Minnesota Statutes 2007 Supplement, section 541.051,
subdivision 4.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 541.051, subdivision 4,
is amended to read:


Subd. 4.

Applicability.

deleted text begin For the purposes ofdeleted text end new text begin This section does not apply tonew text end actions
based on breach of the statutory warranties set forth in section 327A.02, or to actions
based on breach of an express written warranty,new text begin except as provided by this subdivision.new text end
Such actions shall be brought within two years of the discovery of the breachdeleted text begin . In the case
of an action under section 327A.05, which accrues during the ninth or tenth year after the
warranty date, as defined in section 327A.01, subdivision 8, an action may be brought
within two years of the discovery of the breach
deleted text end , but in no event may an action under
section 327A.05 be brought more than 12 years after the effective warranty date. An
action for contribution or indemnity arising out of actions described in this subdivision
may be brought no later than two years after the earlier of commencement of the action
against the party seeking contribution or indemnity, or payment of a final judgment,
arbitration award, or settlement arising out of the breach.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to cases pending or commenced on or after that date.
new text end