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NEW MN LAW FOR CARBON MONOXIDE ALRAMS - PROTECTION FOR BUYERS;

By
Real Estate Agent with Bridge Realty

NEW MN LAW FOR CARBON MONOXIDE ALRAMS - PROTECTION FOR BUYERS;

SURPRISE TO SELLERS

by: Brad J. Boyd, Attorney

It is quite possible that MN Stat. 299.51 snuck up on you and

your clients like carbon monoxide - silently. Although this new

state mandate had received some attention during the legislative

session, word of the new law (effective August 1, 2008 for

existing single-family homes) and its application has not spread

throughout the industry.

What is it? The new carbon monoxide (CO) alarm law requires that

"every single-family dwelling and every dwelling unit in a

multifamily dwelling" have "an approved and operational carbon

monoxide alarm installed within ten feet of each room lawfully

used for sleeping purposes." (See MN Stat. 299.51) This law was

effective as of August 1, 2007 for newly constructed homes, and

just became effective August 1, 2008 for all existing

single-family dwelling units. It becomes effective in August 1,

2009 for existing multifamily dwelling units. The alarms must be

an approved device (conforming to UL2034 standards), and may be

hardwired, plugged in, or battery-powered (if attached to the

wall).

What does it mean to you? Ultimately, as a REALTOR, you should

be familiar with this law for several reasons. First, it's a

reminder of the importance of carbon monoxide alarms - the issue

has been determined significant enough that homes are now

mandated to have them, by state law. Consequently, you may want

to ensure you and your family are protected by having them in

your own home.

Second, it's important for you as a buyer's agent to bring this

issue to the attention of buyers, and be sure that the home the

buyer ultimately purchases is properly equipped with these

detectors, provided by the seller. Finally, as a listing agent,

it is important to review this requirement with your seller

client, to be sure he or she recognizes they have a direct legal

obligation to equip the home with these alarms.

Listing agents should verify that the seller is complying with

this law before listing or selling the property.

An additional problem arises for both the seller and for you as

a listing agent, if this requirement is not met. While damages

for failure to comply are not specifically articulated by the

statute, it is certainly foreseeable that actual damages could

be extraordinary in the event the seller fails to install the

alarms and an unwitting buyer is injured or killed due to

undetected carbon monoxide poisoning which may have been

prevented with a proper alarm.

Some sellers may think they can rely on simply disclosing the

lack of having the required alarms in lieu of installing the

alarms, in an attempt to avoid responsibility for the cost of

adding the alarms. Failure to have alarms installed and relying

upon disclosure alone is an unwise course of action for sellers

and agents, due to the potential damages described above.

What should be done? For all of your listings, with buyers you

represent, and agents you work with in your office, be sure that

everyone is informed of this new legal obligation. Take

proactive steps to be sure that sellers have these

detectors/alarms installed, and perhaps get in touch with

vendors or individuals who supply or install these alarms so you

have resources available for your client, in the event they want

to know where they can obtain these, and what the costs may be.

More information about this statute can be found by discussing

this issue with your attorney, or by reviewing the statute

online at

https://www.revisor.leg.state.mn.us/statutes/?id=299F.51