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Minn. Stat. § 327A.05

REMEDIES.

Applied in 3 court decisions — leading case Camacho v. Todd and Leiser Homes (2005)

Most recently applied in Interlachen Properties, LLC v. State Auto Insurance Co. (August 2017)

1977 c 65 s 5; 1981 c 119 s 9

How often courts cite this section

20052010201710
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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. Damages shall be limited to:

(a) the amount necessary to remedy the defect or breach; or

(b) the difference between the value of the dwelling without the defect and the value of the dwelling with the defect.

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. Damages shall be limited to the amount necessary to remedy the defect or breach.

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.