Minnesota Statutes
Minn. Stat. § 327A.05 (2026)
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§
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.
Notes of Decisions
Cited in 5
cases, 2005–2019 · leading case: Camacho v. Todd & Leiser Homes, 706 N.W.2d 49 (Minn. 2005).
Camacho v. Todd & Leiser Homes, 706 N.W.2d 49 (Minn. 2005). “Section 327A.05, subdivision 1 (2004), states: Upon breach of any warranty imposed by section 327A.”
Sletto v. Wesley Constr., Inc., 733 N.W.2d 838 (Minn. Ct. App. 2007). “In November 2004, the Slettos sued Wesley, raising a statutory-warranty claim under Minn.Stat. § 327A.05 (2004) and five common-law claims based on Wesley’s construction of the house.”
Gomez v. David A. Williams Realty & Constr., Inc., 740 N.W.2d 775 (Minn. Ct. App. 2007). “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.”
Vill. Lofts At St. Anthony Falls Ass'n v. Hous. Partners Iii-Lofts LLC, 924 N.W.2d 619 (Minn. Ct. App. 2019). “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.”
Interlachen Props., LLC v. State Auto Ins. Co., 275 F. Supp. 3d 1094 (D. Minnesota 2017). “Under Minn. Stat. § 327A.05, a plaintiff purchasing a new home has a cause of action for damages arising out of the breach or for specific performance, with damages limited to either the amount necessary to remedy the defect/breach or the difference between the value of the…”
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