Bill Text: MN HF2612 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Statutory housing warranties; attorney fee recovery by a prevailing vendor or owner for breaches allowed.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-03 - Introduction and first reading, referred to Civil Law [HF2612 Detail]
Download: Minnesota-2013-HF2612-Introduced.html
1.2relating to civil actions; statutory housing warranties; allowing recovery of
1.3attorney fees by a prevailing vendor or owner for breaches;amending Minnesota
1.4Statutes 2012, section 327A.05.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 327A.05, is amended to read:
1.7327A.05 REMEDIES.
1.8 Subdivision 1. New home warranties. Upon breach of any warranty imposed by
1.9section327A.02, subdivision 1 , the vendee shall have a cause of action against the vendor
1.10for damages arising out of the breach, or for specific performance. If the vendee is the
1.11prevailing party, the court may award the vendee reasonable attorney fees. Damages
1.12shall be limited to:
1.13(a) the amount necessary to remedy the defect or breach; or
1.14(b) the difference between the value of the dwelling without the defect and the value
1.15of the dwelling with the defect.
1.16 Subd. 2. Home improvement warranty. Upon breach of any warranty imposed by
1.17section327A.02, subdivision 3 , the owner shall have a cause of action against the home
1.18improvement contractor for damages arising out of the breach, or for specific performance.
1.19If the owner is the prevailing party, the court may award the owner reasonable attorney
1.20fees. Damages shall be limited to the amount necessary to remedy the defect or breach.
1.21 Sec. 2. EFFECTIVE DATE; APPLICATION.
1.22Section 1 is effective the day following final enactment and applies to causes of
1.23action pending on or commenced on or after that date.
1.3attorney fees by a prevailing vendor or owner for breaches;amending Minnesota
1.4Statutes 2012, section 327A.05.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 327A.05, is amended to read:
1.7327A.05 REMEDIES.
1.8 Subdivision 1. New home warranties. Upon breach of any warranty imposed by
1.9section
1.10for damages arising out of the breach, or for specific performance. If the vendee is the
1.11prevailing party, the court may award the vendee reasonable attorney fees. Damages
1.12shall be limited to:
1.13(a) the amount necessary to remedy the defect or breach; or
1.14(b) the difference between the value of the dwelling without the defect and the value
1.15of the dwelling with the defect.
1.16 Subd. 2. Home improvement warranty. Upon breach of any warranty imposed by
1.17section
1.18improvement contractor for damages arising out of the breach, or for specific performance.
1.19If the owner is the prevailing party, the court may award the owner reasonable attorney
1.20fees. Damages shall be limited to the amount necessary to remedy the defect or breach.
1.21 Sec. 2. EFFECTIVE DATE; APPLICATION.
1.22Section 1 is effective the day following final enactment and applies to causes of
1.23action pending on or commenced on or after that date.
