Every New Home Comes With A Minnesota New Home Warranty
Every time a home is built in Minnesota, the builder provides to the buyer, and all subsequent owners of the home, a Minnesota new home warranty. The warranty guaranties that the home will perform in accordance with the building code. The Minnesota new home warranty applies to all types of homes, including townhomes, condominiums, apartments, and single-family homes and are one of the most frequent sources of construction defect claims.
Minnesota’s new home warranty statute provides that in every sale of “dwelling” in Minnesota, a “vendor” shall provide the following statutory warranties:
- One-Year Warranty For Workmanship: During the one-year period after the home is first occupied or sold, the home shall be free from defects caused by faulty workmanship and defective materials due to noncompliance with the building code;
- Two-Year Warranty For Systems: During the two-year period after the home is first occupied or sold, the home shall be free from defects caused by faulty installation of plumbing, electrical, heating, and cooling systems due to noncompliance with the building code;
- Ten-Year Structural Warranty: During the ten-year period after the home is first occupied or sold, the home shall be free from major construction defects due to noncompliance with the building code. A major construction defect involves damage to the load-bearing portion of the home or improvement.
A “dwelling” is a new building, not previously occupied, constructed for the purpose of habitation. A “vendor” is “any person, firm, or corporation that constructs dwellings.” But, a “vendor” does not include a subcontractor or material supplier.
The home warranty statute doesn’t cover detached garages, driveways, patios, boundary walls, retaining walls not necessary for the structural stability of the dwelling, fences, or other similar items. Minn. Stat. § 327A.01, Subd. 3.
The warranty statute also provides for deadlines by which a breach of warranty claim must be asserted. For more information on the deadline, see “When Is The Deadline To Bring A Construction Defect Claim?”.
The information provided in this article is for informational purposes only, and does not constitute legal advice. Each situation is unique and the application of Minnesota law depends on the specific circumstances of each case.