SF 6

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

A bill for an act
relating to real estate; permitting homeowners to recover all damages incurred
due to faulty construction; amending Minnesota Statutes 2008, section 327A.05.

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

Section 1.

Minnesota Statutes 2008, 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. deleted text begin Damages
shall be limited to: deleted text end

deleted text begin (a) the amount necessary to remedy the defect or breach; or
deleted text end

deleted text begin (b) the difference between the value of the dwelling without the defect and the value
of the dwelling with the defect.
deleted text end

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.
deleted text begin Damages shall be limited to the amount necessary to remedy the defect or breach. deleted text end

new text begin EFFECTIVE DATE. new text end

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