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
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