1.1    .................... moves to amend H.F. No. 439 as follows:
1.2Page 1, delete section 1 and insert:

1.3    "Section 1. Minnesota Statutes 2007 Supplement, section 82.22, subdivision 8, is
1.4amended to read:
1.5    Subd. 8. Material facts. (a) Licensees shall disclose to any prospective purchaser:
1.6    (1) all material facts of which the licensees are aware, which could adversely and
1.7significantly affect an ordinary purchaser's use or enjoyment of the property, or any
1.8intended use of the property of which the licensees are aware; and
1.9    (2) if the property adjoins a lake or includes access to a lake by easement or
1.10otherwise, the existence of a plat of a survey of the property, which plat is owned by or
1.11under control of the seller to the extent that the existence of the plat is known to the
1.12licensee.
1.13    (b) It is not a material fact relating to real property offered for sale the fact or
1.14suspicion that the property:
1.15    (1) is or was occupied by an owner or occupant who is or was suspected
1.16to be infected with human immunodeficiency virus or diagnosed with acquired
1.17immunodeficiency syndrome;
1.18    (2) was the site of a suicide, accidental death, natural death, or perceived paranormal
1.19activity; or
1.20    (3) is located in a neighborhood containing any adult family home, community-based
1.21residential facility, or nursing home.
1.22    (c) A licensee or employee of the licensee has no duty to disclose information
1.23regarding an offender who is required to register under section 243.166, or about whom
1.24notification is made under that section, if the broker or salesperson, in a timely manner,
1.25provides a written notice that information about the predatory offender registry and
2.1persons registered with the registry may be obtained by contacting local law enforcement
2.2where the property is located or the Department of Corrections.
2.3    (d) A licensee or employee of the licensee has no duty to disclose information
2.4regarding airport zoning regulations if the broker or salesperson, in a timely manner,
2.5provides a written notice that a copy of the airport zoning regulations as adopted can be
2.6reviewed or obtained at the office of the county recorder where the zoned area is located.
2.7    (e) A licensee is not required to disclose, except as otherwise provided in paragraph
2.8(f), information relating to the physical condition of the property or any other information
2.9relating to the real estate transaction, if a written report that discloses the information has
2.10been prepared by a qualified third party and provided to the person. For the purposes of
2.11this paragraph, "qualified third party" means a federal, state, or local governmental agency,
2.12or any person whom the broker, salesperson, or a party to the real estate transaction
2.13reasonably believes has the expertise necessary to meet the industry standards of practice
2.14for the type of inspection or investigation that has been conducted by the third party
2.15in order to prepare the written report and who is acceptable to the person to whom the
2.16disclosure is being made.
2.17     (f) A licensee shall disclose to the parties to a real estate transaction any facts known
2.18by the broker or salesperson that contradict any information included in a written report, if
2.19a copy of the report is provided to the licensee, described in paragraph (e).
2.20     (g) The limitation on disclosures set forth in paragraphs (b) and (c) shall modify any
2.21common law duties with respect to disclosure of material facts.
2.22EFFECTIVE DATE.This section is effective January 1, 2009, and applies to
2.23purchase agreements signed by the seller on or after that day."
2.24Page 3, line 14, delete "2008" and insert "2009"
2.25Page 4, line 1, delete "2008" and insert "2009"
2.26Page 4, line 11, delete"2008" and insert"2009"
2.27Amend the title accordingly