1.1 .................... moves to amend H. F. No. 556 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2006, section 82.22, subdivision 8, is amended to read:
1.4 Subd. 8.
Material facts. (a) Licensees shall disclose to any prospective purchaser
1.5all material facts of which the licensees are aware, which could adversely and significantly
1.6affect an ordinary purchaser's use or enjoyment of the property, or any intended use of the
1.7property of which the licensees are aware.
1.8 (b) It is not a material fact relating to real property offered for sale the fact or
1.9suspicion that the property:
1.10 (1) is or was occupied by an owner or occupant who is or was suspected
1.11to be infected with human immunodeficiency virus or diagnosed with acquired
1.12immunodeficiency syndrome;
1.13 (2) was the site of a suicide, accidental death, natural death, or perceived paranormal
1.14activity; or
1.15 (3) is located in a neighborhood containing any adult family home, community-based
1.16residential facility, or nursing home.
1.17 (c) A licensee or employee of the licensee has no duty to disclose information
1.18regarding an offender who is required to register under section
243.166, or about whom
1.19notification is made under that section, if the broker or salesperson, in a timely manner,
1.20provides a written notice that information about the predatory offender registry and
1.21persons registered with the registry may be obtained by contacting local law enforcement
1.22where the property is located or the Department of Corrections.
1.23 (d)
A licensee or employee of the licensee has no duty to disclose information
1.24regarding airport zoning regulations if the broker or salesperson, in a timely manner,
1.25provides a written notice that a copy of the airport zoning regulations as adopted can be
1.26reviewed or obtained at the office of the county recorder where the zoned area is located.
2.1 (e) A licensee is not required to disclose, except as otherwise provided in paragraph
2.2(e) (f), information relating to the physical condition of the property or any other
2.3information relating to the real estate transaction, if a written report that discloses the
2.4information has been prepared by a qualified third party and provided to the person. For
2.5the purposes of this paragraph, "qualified third party" means a federal, state, or local
2.6governmental agency, or any person whom the broker, salesperson, or a party to the real
2.7estate transaction reasonably believes has the expertise necessary to meet the industry
2.8standards of practice for the type of inspection or investigation that has been conducted by
2.9the third party in order to prepare the written report and who is acceptable to the person to
2.10whom the disclosure is being made.
2.11 (e) (f) A licensee shall disclose to the parties to a real estate transaction any facts
2.12known by the broker or salesperson that contradict any information included in a written
2.13report, if a copy of the report is provided to the licensee, described in paragraph
(d) (e).
2.14 (f) (g) The limitation on disclosures set forth in paragraphs (b) and (c) shall modify
2.15any common law duties with respect to disclosure of material facts.
2.16 Sec. 2. Minnesota Statutes 2006, section 513.56, subdivision 3, is amended to read:
2.17 Subd. 3.
Inspections. (a) Except as provided in paragraph (b), a seller is not
2.18required to disclose information relating to the real property if a written report that
2.19discloses the information has been prepared by a qualified third party and provided to the
2.20prospective buyer. For purposes of this paragraph, "qualified third party" means a federal,
2.21state, or local governmental agency, or any person whom the seller, or prospective buyer,
2.22reasonably believes has the expertise necessary to meet the industry standards of practice
2.23for the type of inspection or investigation that has been conducted by the third party in
2.24order to prepare the written report.
2.25 (b) A seller shall disclose to the prospective buyer material facts known by the
2.26seller that contradict any information included in a written report under paragraph (a) if a
2.27copy of the report is provided to the seller.
2.28 (c) The seller has no duty to disclose information regarding airport zoning
2.29regulations if the seller, in a timely manner, provides a written notice that a copy of the
2.30airport zoning regulations as adopted can be reviewed or obtained at the office of the
2.31county recorder where the zoned area is located.
2.32 Sec. 3.
REPEALER.
2.33Minnesota Statutes 2006, section 360.065, subdivision 3, is repealed."
2.34Delete the title and insert:
3.1relating to airport zoning regulations; establishing disclosure duties regarding
3.2airport zoning;amending Minnesota Statutes 2006, sections 82.22, subdivision
3.38; 513.56, subdivision 3; repealing Minnesota Statutes 2006, section 360.065,
3.4subdivision 3."