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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1986 

                        CHAPTER 422-S.F.No. 2179 
           An act relating to commerce; consumer protection; 
          requiring the repair, refund, or replacement of new 
          motor vehicles and new farm tractors under certain 
          circumstances; prescribing certain settlement 
          procedures; amending Minnesota Statutes 1984, section 
          325F.665, as amended; proposing coding for new law in 
          Minnesota Statutes, chapter 325F. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                Article 1
    Section 1.  Minnesota Statutes 1984, section 325F.665, as 
amended by Laws 1985, chapter 284, section 1, is amended to read:
    325F.665 [NEW MOTOR VEHICLE WARRANTIES; MANUFACTURER'S DUTY 
TO REPAIR, REFUND, OR REPLACE.] 
    Subdivision 1.  [DEFINITIONS.] For the purposes of this 
section, the following terms have the meanings given them:  
    (a) "consumer" means the purchaser or lessee, other than 
for purposes of resale or sub-lease, of a new motor vehicle used 
for personal, family, or household purposes at least 40 percent 
of the time, a person to whom the new motor vehicle is 
transferred for the same purposes during the duration of an 
express warranty applicable to the motor vehicle, and any other 
person entitled by the terms of the warranty to enforce the 
obligations of the warranty;  
    (b) "manufacturer" means a person engaged in the business 
of manufacturing, assembling or distributing motor vehicles, who 
will, under normal business conditions during the year, 
manufacture, assemble or distribute to dealers at least ten new 
motor vehicles;  
    (c) "manufacturer's express warranty" and "warranty" mean 
the written warranty of the manufacturer of a new motor vehicle 
of its condition and fitness for use, including any terms or 
conditions precedent to the enforcement of obligations under 
that warranty; and 
    (d) "lease" means a contract in the form of a lease or 
bailment for the use of personal property by a natural person 
for a period of time exceeding four months, used for personal, 
family, or household purposes at least 40 percent of the time, 
whether or not the lessee has the option to purchase or 
otherwise become the owner of the property at the expiration of 
the lease;  
    (e) "motor vehicle" means (1) a passenger automobile as 
defined in section 168.011, subdivision 7, including pickup 
trucks and vans, and (2) the self-propelled motor vehicle 
chassis or van portion of recreational equipment as defined in 
section 168.011, subdivision 25, which is sold or leased to a 
consumer in this state;  
    (f) "informal dispute settlement procedure or mechanism" 
means an arbitration process or procedure by which the 
manufacturer attempts to resolve disputes with consumers 
regarding motor vehicle nonconformities and repairs that arise 
during the vehicle's warranty period;  
     (g) "motor vehicle lessor" means a person who holds title 
to a motor vehicle leased to a lessee under a written lease 
agreement or who holds the lessor's rights under such agreement; 
    (h) "early termination costs" means expenses and 
obligations incurred by a motor vehicle lessor as a result of an 
early termination of a written lease agreement and surrender of 
a motor vehicle to a manufacturer under subdivision 4, including 
penalties for prepayment of finance arrangements and investment 
tax credits not allowed for the year in which such termination 
occurs and for prior years; and 
    (i) "early termination savings" means expenses and 
obligations avoided by a motor vehicle lessor as a result of an 
early termination of a written lease agreement and surrender of 
a motor vehicle to a manufacturer under subdivision 4, including 
the interest charges the motor vehicle lessor would have 
otherwise paid to finance the motor vehicle. 
    Subd. 2.  [MANUFACTURER'S DUTY TO REPAIR.] If a new motor 
vehicle does not conform to all applicable express warranties, 
and the consumer reports the nonconformity to the manufacturer, 
its agent, or its authorized dealer during the term of the 
express warranties or during the period of one year following 
the date of original delivery of the new motor vehicle to a 
consumer, whichever is the earlier date, the manufacturer, its 
agent, or its authorized dealer shall make the repairs necessary 
to conform the vehicle to the express warranties, 
notwithstanding the fact that the repairs are made after the 
expiration of the warranty term or the one-year period.  
    Subd. 3.  [MANUFACTURER'S DUTY TO REFUND OR REPLACE.] (a) 
If the manufacturer, its agents, or its authorized dealers are 
unable to conform the new motor vehicle to any applicable 
express warranty by repairing or correcting any defect or 
condition which substantially impairs the use or market value of 
the motor vehicle to the consumer after a reasonable number of 
attempts, the manufacturer shall, at the consumer's option, 
either replace the new motor vehicle with a comparable motor 
vehicle or accept return of the vehicle from the consumer and 
refund to the consumer the full purchase price, or the total 
amount actually paid by the consumer under any vehicle lease, 
including the cost of any options or other modifications 
arranged, installed, or made by the manufacturer, its agent, or 
its authorized dealer within 30 days after the date of original 
delivery, and all other charges including, but not limited to, 
sales tax, license fees and registration fees, reimbursement for 
towing and rental vehicle expenses incurred by the consumer as a 
result of the vehicle being out of service for warranty repair, 
less a reasonable allowance for the consumer's use of the 
vehicle not exceeding ten cents per mile driven or ten percent 
of the purchase price or full lease cost of the vehicle, 
whichever is less.  Refunds must be made to the consumer, and 
lienholder, if any, as their interests appear on the records of 
the registrar of motor vehicles.  Refunds shall include the 
amount stated by the dealer as the trade-in value of a 
consumer's used motor vehicle, plus any additional amount paid 
by the consumer for the new motor vehicle.  For a lease vehicle, 
refunds shall include the total amount actually paid by the 
consumer under any vehicle lease, less any finance charges paid 
by the consumer.  A reasonable allowance for use is that amount 
directly attributable to use by the consumer and any previous 
consumer prior to his or her first report of the nonconformity 
to the manufacturer, agent, or dealer and during any subsequent 
period when the vehicle is not out of service by reason of 
repair.  It is an affirmative defense to any claim under this 
section (1) that an alleged nonconformity does not substantially 
impair the use or market value, or (2) that a nonconformity is 
the result of abuse, neglect, or unauthorized modifications or 
alterations of a motor vehicle by anyone other than the 
manufacturer, its agent or its authorized dealer.  
    (b) It is presumed that a reasonable number of attempts 
have been undertaken to conform a new motor vehicle to the 
applicable express warranties, if (1) the same nonconformity has 
been subject to repair four or more times by the manufacturer, 
its agents, or its authorized dealers within the express 
warranty term or during the period of one year following the 
date of original delivery of the motor vehicle to a consumer, 
whichever is the earlier date, but the nonconformity continues 
to exist, or (2) the vehicle is out of service by reason of 
repair for a cumulative total of 30 or more business days during 
the term or during the period, whichever is the earlier date.  
    (c) If the nonconformity results in a complete failure of 
the braking or steering system of the new motor vehicle and is 
likely to cause death or serious bodily injury if the vehicle is 
driven, it is presumed that a reasonable number of attempts have 
been undertaken to conform the vehicle to the applicable express 
warranties if the conformity nonconformity has been subject to 
repair at least once by the manufacturer, its agents, or its 
authorized dealers within the express warranty term or during 
the period of one year following the date of original delivery 
of the motor vehicle to a consumer, whichever is the earlier 
date, and the nonconformity continues to exist.  
    (d) The term of an express warranty, the one-year period 
and the 30-day period shall be extended by any period of time 
during which repair services are not available to the consumer 
because of a war, invasion, strike, or fire, flood, or other 
natural disaster.  
    (e) The presumption contained in paragraph (b) applies 
against a manufacturer only if the manufacturer, its agent, or 
its authorized dealer has received prior written notification 
from or on behalf of the consumer at least once and an 
opportunity to cure the defect alleged.  If the notification is 
received by the manufacturer's agent or authorized dealer, the 
agent or dealer must forward it to the manufacturer by certified 
mail, return receipt requested.  
    (f) A consumer is eligible to receive a refund or 
replacement vehicle under this section if the nonconformity is 
reported to the manufacturer, its authorized agent or dealer, at 
any time during the motor vehicle's express warranty period, 
even if the motor vehicle's express warranty expires before the 
requirements of paragraphs (a), (b), and (c) have been met.  
    (g) At the time of purchase the manufacturer must provide 
directly to the consumer a written statement on a separate piece 
of paper, in 10-point all capital type, in substantially the 
following form:  "IMPORTANT:  IF THIS VEHICLE IS DEFECTIVE, YOU 
MAY BE ENTITLED UNDER STATE LAW TO REPLACEMENT OF IT OR A REFUND 
OF ITS PURCHASE PRICE.  HOWEVER, TO BE ENTITLED TO REFUND OR 
REPLACEMENT, YOU MUST FIRST NOTIFY THE MANUFACTURER, ITS AGENT, 
OR ITS AUTHORIZED DEALER OF THE PROBLEM IN WRITING AND GIVE THEM 
AN OPPORTUNITY TO REPAIR THE VEHICLE."  
    Subd. 4.  [MANUFACTURER'S DUTY TO CONSUMERS WITH LEASED 
VEHICLES.] A manufacturer has the same duties under this section 
to a consumer who leases a motor vehicle as to a consumer who 
purchases a new motor vehicle.  The lessee has the same rights 
against the manufacturer under this section as does the owner of 
the motor vehicle, and the consumer may enforce the rights 
directly against the manufacturer.  If it is determined that a 
consumer who leases a motor vehicle is entitled to a refund or 
replacement vehicle pursuant to this section, the consumer's 
leased vehicle shall be returned to the manufacturer.  The 
manufacturer shall provide the owner of the leased vehicle with 
either a full refund or a replacement vehicle.  The owner of the 
returned leased vehicle shall then provide the consumer with 
either the replacement vehicle or that portion of the owner's 
refund to which the consumer is entitled under this section. 
    Nothing contained in this section shall prohibit a motor 
vehicle lessor from recovering early termination costs incurred 
or early termination savings received pursuant to this section.  
    Subd. 5.  [RESALE OR RE-LEASE OF RETURNED MOTOR VEHICLE.] 
(a) If a motor vehicle has been returned under the provisions of 
subdivision 3 or a similar statute of another state, whether as 
the result of a legal action or as the result of an informal 
dispute settlement proceeding, it may not be resold or re-leased 
in this state unless:  
    (1) the manufacturer provides the same express warranty it 
provided to the original purchaser, except that the term of the 
warranty need only last for 12,000 miles or 12 months after the 
date of resale, whichever is earlier; and 
    (2) the manufacturer provides the consumer with a written 
statement on a separate piece of paper, in ten point all capital 
type, in substantially the following form:  "IMPORTANT:  THIS 
VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT 
CONFORM TO THE MANUFACTURER'S EXPRESS WARRANTY AND THE 
NONCONFORMITY WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED 
BY MINNESOTA LAW."  
    The provisions of this section apply to the resold or 
re-leased motor vehicle for full term of the warranty required 
under this subdivision.  
    (b) Notwithstanding the provisions of paragraph (a), if a 
new motor vehicle has been returned under the provisions of 
subdivision 3 or a similar statute of another state because of a 
nonconformity resulting in a complete failure of the braking or 
steering system of the motor vehicle likely to cause death or 
serious bodily injury if the vehicle was driven, the motor 
vehicle may not be resold in this state.  
    Subd. 5 6.  [ALTERNATIVE DISPUTE SETTLEMENT PROCEDURE.] (a) 
If a manufacturer has established, or participates in, an 
informal dispute settlement procedure which substantially 
complies with the provisions of the Code of Federal Regulations, 
title 16, part 703 (1982), and the requirements of this section, 
the provisions of subdivision 3 concerning refunds or 
replacement do not apply to a consumer who has not first used 
this procedure.  
    (b) The findings and decisions in an informal dispute 
resolution proceeding settlement procedure shall address and 
state in writing whether the consumer would be entitled to a 
refund or replacement under the presumptions and criteria set 
out in subdivision 3, and are admissible as nonbinding evidence 
in any legal action and are not subject to further foundation 
requirements.  
    (c) If, in an informal dispute settlement procedure, it is 
decided that a consumer is entitled to a replacement vehicle 
under subdivision 3, then the consumer has the option of 
selecting and receiving either a replacement vehicle or a full 
refund as authorized by subdivision 3.  Any refund selected by a 
consumer shall include all amounts authorized by subdivision 3.  
    (d) In any informal dispute settlement procedure provided 
for by this section:  
    (1) No documents shall be received by any informal dispute 
settlement mechanism unless those documents have been provided 
to each of the parties in the dispute prior to the mechanism's 
meeting, with an opportunity for the parties to comment on the 
documents in writing, or with oral presentation at the request 
of the mechanism.  
    (2) "Nonvoting" manufacturer or dealer representatives 
shall not attend or participate in the informal dispute 
settlement procedures unless the consumer is also present and 
given a chance to be heard, or unless the consumer previously 
consents to the manufacturer or dealer participation without the 
consumer's presence and participation.  
    (3) Consumers shall be given an adequate opportunity to 
contest a manufacturer's assertion that a nonconformity falls 
within intended specifications for the vehicle by having the 
basis of the manufacturer's claim appraised by a technical 
expert selected and paid for by the consumer prior to the 
informal dispute settlement hearing.  
    (4) No disputes shall be heard where there has been a 
recent attempt by the manufacturer to repair a consumer's 
vehicle, but no response has yet been received by the informal 
dispute mechanism from the consumer as to whether the repairs 
were successfully completed.  This provision shall not prejudice 
a consumer's rights under this section.  
    (5) The manufacturer shall provide and the informal dispute 
settlement mechanism shall consider any relevant technical 
service bulletins which may have been issued by the manufacturer 
or lessor regarding the motor vehicle being disputed.  
    Subd. 7.  [EXHAUSTION OF SETTLEMENT REMEDY.] No consumer 
shall be required to first participate in an informal dispute 
settlement procedure before filing an action in district court 
if the informal dispute settlement procedure does not comply 
with the requirements of this section, notwithstanding the 
procedure's compliance with the Code of Federal Regulations, 
title 16, part 703.  
    Subd. 6 8.  [CIVIL REMEDY.] Any consumer injured by a 
violation of this section may bring a civil action to enforce 
this section and recover costs and disbursements, including 
reasonable attorney's fees.  
    Subd. 7 9.  [LIMITATION ON ACTIONS.] An action brought 
under this section must be commenced within six months of the 
expiration of the express warranty term, or within one year of 
the date of original delivery of the new motor vehicle to a 
consumer date the motor vehicle's express warranty term expires, 
the date a consumer is eligible under this section to bring an 
action in district court, or the date a consumer receives 
written notice of the final decision by the informal dispute 
settlement mechanism, whichever is the later date.  
    Subd. 8 10.  [REMEDY NONEXCLUSIVE.] Nothing in this section 
limits the rights or remedies which are otherwise available to a 
consumer under any other law. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1986, and applies to all 
leased vehicles which are still under an express manufacturer's 
warranty and were originally delivered during the previous 
one-year period.  

                               Article 2 

                   FARM EQUIPMENT WARRANTY COMPLIANCE 
    Section 1.  [325F.6651] [DEFINITIONS.] 
    Subdivision 1.  [APPLICATION.] For the purpose of sections 
1 to 8, the following terms have the meanings given them. 
    Subd. 2.  [FARM TRACTOR.] "Farm tractor" means any 
self-propelled vehicle which is designed primarily for pulling 
or propelling agricultural machinery and implements and is used 
principally in the occupation or business of farming, including 
an implement of husbandry, as defined in section 169.01, 
subdivision 55, that is self-propelled. 
    Subd. 3.  [CONSUMER.] "Consumer" means a purchaser, other 
than for purposes of resale, of a new farm tractor, a person to 
whom the new farm tractor is transferred for the same purposes 
during the duration of an express warranty applicable to the 
farm tractor and any other person entitled by the terms of the 
warranty to enforce the terms of the warranty.  In the case of 
an agricultural vehicle within the warranty period, the sale 
must be made through an authorized farm equipment dealer. 
    Subd. 4.  [MANUFACTURER.] "Manufacturer" means a person 
engaged in the business of manufacturing, assembling, or 
distributing farm tractors, who under normal business conditions 
during the year, manufactures, assembles, or distributes to 
dealers at least ten new farm tractors. 
    Subd. 5.  [MANUFACTURER'S EXPRESS WARRANTY; WARRANTY.] 
"Manufacturer's express warranty" and "warranty" mean the 
written warranty of the manufacturer of a new farm tractor of 
its condition and fitness for use, including any terms or 
conditions precedent to the enforcement of obligations under 
that warranty.  
    Subd. 6.  [FAIR RENTAL VALUE.] "Fair rental value" means 
the rental value calculated in accordance with the "Tractor and 
Farm Equipment Trade-In Guide" published by the national farm 
and power equipment dealers association. 
    Subd. 7.  [NONCONFORMITY.] "Nonconformity" means any 
condition of the farm tractor that makes it impossible to use 
for the purpose for which it was intended. 
    Subd. 8.  [REASONABLE ALLOWANCE FOR PRIOR USE.] "Reasonable 
allowance for prior use" shall mean no less than the fair rental 
value of the farm tractor and shall be the sum of: 
    (1) that amount attributable to use by the consumer prior 
to the consumer's first report of the nonconformity to the 
manufacturer or its authorized dealers; 
    (2) that amount attributable to use by the consumer during 
any period subsequent to such report of the reported 
nonconformity; and 
    (3) that amount attributable to use by the consumer of the 
farm tractor provided by the manufacturer or its authorized 
dealers while the farm tractor is out of service by reason of 
repair of the reported nonconformity. 
    Sec. 2.  [325F.6652] [NOTICE TO CONSUMER.] 
     At the time of purchase the manufacturer must provide 
directly to the consumer a written statement on a separate piece 
of paper, in 10-point all capital type, in substantially the 
following form:  "IMPORTANT:  IF THIS VEHICLE IS DEFECTIVE, YOU 
MAY BE ENTITLED UNDER STATE LAW TO REPLACEMENT OF IT OR A REFUND 
OF ITS PURCHASE PRICE.  HOWEVER, TO BE ENTITLED TO REFUND OR 
REPLACEMENT, YOU MUST FIRST NOTIFY THE MANUFACTURER, ITS AGENT, 
OR ITS AUTHORIZED DEALER OF THE PROBLEM IN WRITING AND GIVE THEM 
AN OPPORTUNITY TO REPAIR THE VEHICLE."  
    Sec. 3.  [325F.6653] [MANUFACTURER'S DUTY TO REPAIR.] 
    If a farm tractor does not conform to applicable express 
written warranties and the consumer reports the nonconformity to 
the manufacturer and its authorized dealer during the term of 
the express written warranties or during the period of one year 
following the date of the original delivery of the farm tractor 
to the consumer, whichever is earlier, the manufacturer or its 
authorized dealers shall make the repairs necessary to make the 
farm tractor conform to the express written warranties, 
notwithstanding that the repairs are made after the expiration 
of the warranty term or the one-year period.  For a 
self-propelled vehicle this section is limited to warranties on 
the engine and power train.  
    Sec. 4.  [325F.6654] [MANUFACTURER'S DUTY TO REFUND OR 
REPLACE.] 
    Subdivision 1.  [DUTY.] (a) If the manufacturer or its 
authorized dealers are unable to make the farm tractor conform 
to any applicable express written warranty by repairing or 
correcting any condition which substantially impairs the use or 
market value of the farm tractor to the consumer within the time 
periods and after the number of attempts specified in 
subdivision 2, the manufacturer, through its authorized dealer 
who sold the farm tractor, shall, at the option of the consumer, 
replace the farm tractor with a comparable one, charging the 
consumer only a reasonable allowance for the consumer's use of 
the farm tractor, or accept the return of the farm tractor from 
the consumer and refund to the consumer the cash purchase price, 
including sales tax, license fees, registration fees, and any 
similar governmental charges, less a reasonable allowance for 
prior use.  Refunds shall be made to the consumer and 
lienholder, if any, as their interests may appear in the county 
recorder's office.  If no replacement or refund is made, the 
consumer may bring a civil action to enforce the obligation.  No 
action may be brought unless the manufacturer has received prior 
direct written notification from or on behalf of the consumer 
and has been offered an opportunity to cure the condition 
alleged within a reasonable time that is not to exceed 60 
business days. 
    (b) For a self-propelled vehicle, this section is limited 
to warranties on the engine and power train.  
    Subd. 2.  [WHEN DUTY ARISES.] The replacement or refund 
obligation specified in subdivision 1 shall arise if the 
manufacturer or its authorized dealers are unable to make the 
farm tractor conform to applicable express written warranties 
within the express written warranty term or during the period of 
one year following the date of the original physical delivery of 
the farm tractor to the consumer, whichever is the earlier date, 
and (1) the same nonconformity has been subject to repair four 
or more times by the manufacturer or its authorized dealers, but 
such nonconformity continues to exist; or (2) the farm tractor 
is out of service by reason of repair of the same nonconformity 
for a cumulative total of 60 or more business days when the 
service department of the authorized dealer in possession of the 
farm tractor is open for purposes of repair, provided that days 
when the consumer has been provided by the manufacturer or its 
authorized dealers with the use of another farm tractor which 
performs the same function shall not be counted. 
    Sec. 5.  [325F.6655] [EXTENSION OF WARRANTY.] 
    The terms of any express written warranty, the one-year 
period, and the 60-day repair period shall be extended by any 
period of time during which repair services or replacement parts 
are not available to the consumer because of a war, invasion, or 
strike, or fire, flood, or other natural disaster. 
    Sec. 6.  [325F.6656] [ALTERNATIVE DISPUTE SETTLEMENT.] 
    Subdivision 1.  [PROCEDURE.] If a manufacturer has 
established, or participates in, an informal dispute settlement 
procedure which substantially complies with the provisions of 
the Code of Federal Regulations, title 16, part 703, as amended, 
and the requirements of this section, the provisions of section 
4 concerning refunds or replacement do not apply to a consumer 
who has not first used this procedure.  
    Subd. 2.  [FINDINGS AS EVIDENCE.] The findings and 
decisions in an informal dispute settlement procedure shall 
address and state in writing whether the consumer would be 
entitled to a refund or replacement under the presumptions and 
criteria set out in section 4, and are admissible as nonbinding 
evidence in any legal action and are not subject to further 
foundation requirements.  
    Subd. 3.  [REPLACEMENT OR REFUND.] If, in an informal 
dispute settlement procedure, it is decided that a consumer is 
entitled to a replacement vehicle under section 4, then the 
consumer has the option of selecting and receiving either a 
replacement vehicle or a full refund as authorized by section 
4.  Any refund selected by a consumer shall include all amounts 
authorized by section 4.  
    Subd. 4.  [REQUIREMENTS.] (a) In any informal dispute 
settlement procedure provided for by this section:  
    (1) no documents shall be received by any informal dispute 
settlement mechanism unless those documents have been provided 
to each of the parties in the dispute prior to the mechanism's 
meeting, with an opportunity for the parties to comment on the 
documents in writing, or with oral presentation at the request 
of the mechanism;  
    (2) "nonvoting" manufacturer or dealer representatives 
shall not attend or participate in the internal dispute 
settlement procedures unless the consumer is also present and 
given a chance to be heard, or unless the consumer previously 
consents to the manufacturer or dealer participation without the 
consumer's presence and participation;  
    (3) consumers shall be given an adequate opportunity to 
contest a manufacturer's assertion that a nonconformity falls 
within intended specifications for the vehicle by having the 
basis of the manufacturer's claim appraised by a technical 
expert selected and paid for by the consumer prior to the 
informal dispute settlement hearing;  
    (4) no disputes shall be heard where there has been a 
recent attempt by the manufacturer to repair a consumer's 
vehicle, but no response has yet been received by the informal 
dispute mechanism from the consumer as to whether the repairs 
were successfully completed.  This provision shall not prejudice 
a consumer's rights under this section nor shall it extend the 
informal dispute mechanism's 40-day time limit for deciding 
disputes, as established by the Code of Federal Regulations, 
title 16, part 703; and 
    (5) the manufacturer shall provide and the informal dispute 
settlement mechanism shall consider all information relevant to 
resolving the dispute, such as the prior dispute records and 
information required by the Code of Federal Regulations, title 
16, part 703.6, and any relevant technical service bulletins 
which may have been issued by the manufacturer or lessor 
regarding the motor vehicle being disputed.  
     (b) A settlement reached under this section is binding on 
all participating parties.  
    Subd. 5.  [EXHAUSTION OF SETTLEMENT REMEDY.] No consumer 
shall be required to first participate in an informal dispute 
settlement procedure before filing an action in district court 
if the informal dispute settlement procedure does not comply 
with the requirements of this section, notwithstanding the 
procedure's compliance with the Code of Federal Regulations, 
title 16, part 703.  
    Subd. 6.  [CIVIL REMEDY.] Any consumer injured by a 
violation of this section may bring a civil action to enforce 
this section and recover costs and disbursements, including 
reasonable attorney's fees.  
    Sec. 7.  [325F.6657] [AFFIRMATIVE DEFENSES.] 
    It shall be an affirmative defense to claim under sections 
1 to 8 that (1) an alleged nonconformity does not substantially 
impair such use and market value, or (2) a nonconformity is the 
result of abuse or neglect, or of modifications or alterations 
of the farm tractor not authorized by the manufacturer. 
    Sec. 8.  [325F.6658] [LIMITATION ON ACTIONS.] 
    Any action brought under sections 1 to 8 shall be commenced 
within six months following (1) expiration of the express 
written warranty term, or (2) one year following the date of the 
original delivery of the farm tractor to the customer, whichever 
is later. 
    Sec. 9.  [325F.6659] [REMEDY NONEXCLUSIVE.] 
    Nothing in this section limits the rights or remedies which 
are otherwise available to a consumer under any other law. 
    Sec. 10.  [EFFECTIVE DATE.] 
    Sections 1 to 9 apply to farm tractors sold after the first 
day of January following the effective date of sections 1 to 9. 
    Approved March 24, 1986