reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.08 — Provision Of Information In Writing; Presentation Of Records.

325L.08 PROVISION OF INFORMATION IN WRITING; PRESENTATION OF RECORDS.
(a) If parties have agreed to conduct transactions by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this chapter requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply:
(1) the record must be posted or displayed in the manner specified in the other law;
(2) except as otherwise provided in paragraph (d), clause (2), the record must be sent, communicated, or transmitted by the method specified in the other law;
(3) the record must contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, but:
(1) to the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under paragraph (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2) a requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid or regular United States mail may be varied by agreement to the extent permitted by the other law.
History:
2000 c 371 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.09 — Attribution And Effect Of Electronic Record And Electronic Signature.

325L.09 ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE.
(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under paragraph (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and as otherwise provided by law.
History:
2000 c 371 s 9
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.10 — Effect Of Change Or Error.

325L.10 EFFECT OF CHANGE OR ERROR.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) if the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record;
(2) in an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(i) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(ii) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(iii) has not used or received any benefit or value from the consideration, if any, received from the other person;
(3) if neither clause (1) nor clause (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any;
(4) clauses (2) and (3) may not be varied by agreement.
History:
2000 c 371 s 10
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.11 — Notarization And Acknowledgment.

325L.11 NOTARIZATION AND ACKNOWLEDGMENT.
If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
History:
2000 c 371 s 11
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.12 — Retention Of Electronic Records; Originals.

325L.12 RETENTION OF ELECTRONIC RECORDS; ORIGINALS.
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) remains accessible for later reference.
(b) A requirement to retain a record in accordance with paragraph (a) does not apply to any information whose sole purpose is to enable the record to be sent, communicated, or received.
(c) A person may satisfy paragraph (a) by using the services of another person if the requirements of that paragraph are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with paragraph (a).
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with paragraph (a).
(f) A record retained as an electronic record in accordance with paragraph (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after August 1, 2000, specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction. Records of a government agency are subject to sections 15.17 and 138.17.
History:
2000 c 371 s 12
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.13 — Admissibility In Evidence.

325L.13 ADMISSIBILITY IN EVIDENCE.
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
History:
2000 c 371 s 13
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.14 — Automated Transactions.

325L.14 AUTOMATED TRANSACTIONS.
In an automated transaction, the following rules apply:
(1) a contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements;
(2) a contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance;
(3) the terms of the contract are determined by the substantive law applicable to it.
History:
2000 c 371 s 14
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.15 — Time And Place Of Sending And Receipt.

325L.15 TIME AND PLACE OF SENDING AND RECEIPT.
(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2) is in a form capable of being processed by that system; and
(3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(1) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2) it is in a form capable of being processed by that system.
(c) Paragraph (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under paragraph (d).
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this paragraph, the following rules apply:
(1) if the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction;
(2) if the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(e) An electronic record is received under paragraph (b) even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in paragraph (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic record purportedly sent under paragraph (a), or purportedly received under paragraph (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, this paragraph may not be varied by agreement.
History:
2000 c 371 s 15
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.17 — Creation And Retention Of Electronic Records And Conversion Of Written Records By Governmental Agencies.

325L.17 CREATION AND RETENTION OF ELECTRONIC RECORDS AND CONVERSION OF WRITTEN RECORDS BY GOVERNMENTAL AGENCIES.
Each governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records. Records of a government agency are subject to sections 15.17 and 138.17.
History:
2000 c 371 s 17
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.18 — Acceptance And Distribution Of Electronic Records By Governmental Agencies.

325L.18 ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES.
(a) Except as otherwise provided in section 325L.12, paragraphs (f) and (g), each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(b) To the extent that a governmental agency uses electronic records and electronic signatures under paragraph (a), the governmental agency giving due consideration to security, may specify:
(1) the manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(2) if electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(3) control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(4) any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(c) Except as otherwise provided in section 325L.12, paragraph (f), this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
History:
2000 c 371 s 18
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325L — Uniform Electronic Transactions Act › Section 325L.19 — Interoperability.

325L.19 INTEROPERABILITY.
The governmental agency of this state which adopts standards pursuant to section 325L.18 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
History:
2000 c 371 s 19
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325M — Internet Privacy › Section 325M.01 — Definitions.

325M.01 DEFINITIONS.
Subdivision 1.
Scope.
The terms used in this chapter have the meanings given them in this section.
Subd. 2.
Consumer.
"Consumer" means a person who agrees to pay a fee to an Internet service provider for access to the Internet for personal, family, or household purposes, and who does not resell access.
Subd. 3.
Internet service provider.
"Internet service provider" means a business or person who provides consumers authenticated access to, or presence on, the Internet by means of a switched or dedicated telecommunications channel upon which the provider provides transit routing of Internet Protocol (IP) packets for and on behalf of the consumer. Internet service provider does not include the offering, on a common carrier basis, of telecommunications facilities or of telecommunications by means of these facilities.
Subd. 4.
Ordinary course of business.
"Ordinary course of business" means debt-collection activities, order fulfillment, request processing, or the transfer of ownership.
Subd. 5.
Personally identifiable information.
"Personally identifiable information" means information that identifies:
(1) a consumer by physical or electronic address or telephone number;
(2) a consumer as having requested or obtained specific materials or services from an Internet service provider;
(3) Internet or online sites visited by a consumer; or
(4) any of the contents of a consumer's data-storage devices.
History:
2002 c 395 art 1 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325M — Internet Privacy › Section 325M.02 — When Disclosure Of Personal Information Prohibited.

325M.02 WHEN DISCLOSURE OF PERSONAL INFORMATION PROHIBITED.
Except as provided in sections 325M.03 and 325M.04, an Internet service provider may not knowingly disclose personally identifiable information concerning a consumer of the Internet service provider.
History:
2002 c 395 art 1 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325M — Internet Privacy › Section 325M.03 — When Disclosure Of Personal Information Required.

325M.03 WHEN DISCLOSURE OF PERSONAL INFORMATION REQUIRED.
An Internet service provider shall disclose personally identifiable information concerning a consumer:
(1) pursuant to a grand jury subpoena;
(2) to an investigative or law enforcement officer as defined in section 626A.01, subdivision 7, while acting as authorized by law;
(3) pursuant to a court order in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by other means;
(4) to a court in a civil action for conversion commenced by the Internet service provider or in a civil action to enforce collection of unpaid subscription fees or purchase amounts, and then only to the extent necessary to establish the fact of the subscription delinquency or purchase agreement, and with appropriate safeguards against unauthorized disclosure;
(5) to the consumer who is the subject of the information, upon written or electronic request and upon payment of a fee not to exceed the actual cost of retrieving the information;
(6) pursuant to subpoena, including an administrative subpoena, issued under authority of a law of this state or another state or the United States; or
(7) pursuant to a warrant or court order.
History:
2002 c 395 art 1 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325M — Internet Privacy › Section 325M.04 — When Disclosure Of Personal Information Permitted; Authorization.

325M.04 WHEN DISCLOSURE OF PERSONAL INFORMATION PERMITTED; AUTHORIZATION.
Subdivision 1.
Conditions of disclosure.
An Internet service provider may disclose personally identifiable information concerning a consumer to:
(1) any person if the disclosure is incident to the ordinary course of business of the Internet service provider;
(2) another Internet service provider for purposes of reporting or preventing violations of the published acceptable use policy or customer service agreement of the Internet service provider; except that the recipient may further disclose the personally identifiable information only as provided by this chapter;
(3) any person with the authorization of the consumer; or
(4) as provided by section 626A.27.
Subd. 2.
Authorization.
The Internet service provider may obtain the consumer's authorization of the disclosure of personally identifiable information in writing or by electronic means. The request for authorization must reasonably describe the types of persons to whom personally identifiable information may be disclosed and the anticipated uses of the information. In order for an authorization to be effective, a contract between an Internet service provider and the consumer must state either that the authorization will be obtained by an affirmative act of the consumer or that failure of the consumer to object after the request has been made constitutes authorization of disclosure. The provision in the contract must be conspicuous. Authorization may be obtained in a manner consistent with self-regulating guidelines issued by representatives of the Internet service provider or online industries, or in any other manner reasonably designed to comply with this subdivision.
History:
2002 c 395 art 1 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325M — Internet Privacy › Section 325M.05 — Security Of Information.

325M.05 SECURITY OF INFORMATION.
The Internet service provider shall take reasonable steps to maintain the security and privacy of a consumer's personally identifiable information. The Internet service provider is not liable for actions that would constitute a violation of section 609.88, 609.89, or 609.891, if the Internet service provider does not participate in, authorize, or approve the actions.
History:
2002 c 395 art 1 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325M — Internet Privacy › Section 325M.06 — Exclusion From Evidence.

325M.06 EXCLUSION FROM EVIDENCE.
Except for purposes of establishing a violation of this chapter, personally identifiable information obtained in any manner other than as provided in this chapter may not be received in evidence in a civil action.
History:
2002 c 395 art 1 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325M — Internet Privacy › Section 325M.07 — Enforcement; Civil Liability; Defense.

325M.07 ENFORCEMENT; CIVIL LIABILITY; DEFENSE.
A consumer who prevails or substantially prevails in an action brought under this chapter is entitled to the greater of $500 or actual damages. Costs, disbursements, and reasonable attorney fees may be awarded to a party awarded damages for a violation of this section. No class action shall be brought under this chapter.
In an action under this chapter, it is a defense that the defendant has established and implemented reasonable practices and procedures to prevent violations of this chapter.
History:
2002 c 395 art 1 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325M — Internet Privacy › Section 325M.08 — Other Law.

325M.08 OTHER LAW.
This chapter does not limit any greater protection of the privacy of information under other law, except that:
(1) nothing in this chapter limits the authority under other state or federal law of law enforcement or prosecuting authorities to obtain information; and
(2) if federal law is enacted that regulates the release of personally identifiable information by Internet service providers but does not preempt state law on the subject, the federal law supersedes any conflicting provisions of this chapter.
History:
2002 c 395 art 1 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.02 — Rescission Of Solicitor Contract.

325N.02 RESCISSION OF SOLICITOR CONTRACT.
(a) In addition to any other right under law to rescind a contract, an owner has the right to cancel a solicitor contract until midnight of the third business day after the day on which the owner signs a contract which complies with section 325N.03.
(b) Cancellation occurs when the owner gives written notice of cancellation to the solicitor at the address specified in the contract.
(c) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid.
(d) Notice of cancellation given by the owner need not take the particular form as provided with the contract and, however expressed, is effective if it indicates the intention of the owner not to be bound by the contract.
History:
2004 c 263 s 2,26; 2007 c 106 s 22; 2008 c 341 art 5 s 23; 2021 c 7 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.04 — Violations.

325N.04 VIOLATIONS.
It is a violation for a solicitor to:
(1) claim, demand, charge, collect, or receive any compensation until after the solicitor has fully performed each and every service the solicitor contracted to perform or represented he or she would perform;
(2) claim, demand, charge, collect, or receive any fee, interest, or any other compensation for any reason which exceeds eight percent per annum of the amount of any loan which the solicitor may make to the owner. Such a loan must not, as provided in clause (3), be secured by the covered residence or any other real or personal property;
(3) take any wage assignment, any lien of any type on real or personal property, or other security to secure the payment of compensation. Any such security is void and unenforceable;
(4) receive any consideration from any third party in connection with services rendered to an owner unless the consideration is first fully disclosed to the owner;
(5) acquire any interest, directly or indirectly, or by means of a subsidiary or affiliate in a covered residence from an owner with whom the solicitor has contracted;
(6) take any power of attorney from an owner for any purpose, except to inspect documents as provided by law; or
(7) induce or attempt to induce any owner to enter a contract which does not comply in all respects with sections 325N.02 and 325N.03.
History:
2004 c 263 s 4,26; 2007 c 106 s 3,22; 2008 c 341 art 5 s 23; 2021 c 7 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.05 — Waiver Not Allowed.

325N.05 WAIVER NOT ALLOWED.
Any waiver by an owner of the provisions of sections 325N.01 to 325N.09 is void and unenforceable as contrary to public policy. Any attempt by a solicitor to induce an owner to waive the owner's rights is a violation of sections 325N.01 to 325N.09.
History:
2004 c 263 s 5,26; 2007 c 106 s 22; 2008 c 341 art 5 s 23; 2021 c 7 s 9
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.06 — Remedies.

325N.06 REMEDIES.
(a) A violation of sections 325N.01 to 325N.09 is considered to be a violation of section 325F.69, and all remedies of section 8.31 are available for such an action. A private cause of action under section 8.31 by an owner is in the public interest. An owner may bring an action against a solicitor for any violation of sections 325N.01 to 325N.09. Judgment must be entered for actual damages, reasonable attorney fees and costs, and appropriate equitable relief.
(b) The rights and remedies provided in paragraph (a) are cumulative to, and not a limitation of, any other rights and remedies provided by law. Any action brought pursuant to this section must be commenced within six years from the date of the alleged violation.
(c) The court may award exemplary damages up to 1-1/2 times the compensation charged by the solicitor if the court finds that the solicitor violated the provisions of section 325N.04, clause (1), (2), or (4), and the solicitor's conduct was in bad faith.
(d) Notwithstanding any other provision of this section, no action may be brought on the basis of a violation of sections 325N.01 to 325N.09, except by an owner against whom the violation was committed or by the attorney general. This limitation does not apply to administrative action by the commissioner of commerce.
History:
2004 c 263 s 6,26; 2007 c 106 s 22; 2008 c 341 art 5 s 23; 2021 c 7 s 10
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.07 — Penalty.

325N.07 PENALTY.
Any person who commits any violation described in section 325N.04 may, upon conviction, be fined not more than $10,000 or imprisoned not more than 364 days or both. Prosecution or conviction for any violation described in section 325N.04 will not bar prosecution or conviction for any other offenses. These penalties are cumulative to any other remedies or penalties provided by law.
History:
2004 c 263 s 7,26; 2007 c 106 s 22; 2008 c 341 art 5 s 23; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.08 — Provisions Severable.

325N.08 PROVISIONS SEVERABLE.
If any provision of sections 325N.01 to 325N.09 or the application of any of these provisions to any person or circumstance is held to be unconstitutional and void, the remainder of sections 325N.01 to 325N.09 remains valid.
History:
2004 c 263 s 8,26; 2007 c 106 s 22; 2008 c 341 art 5 s 23
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.09 — Liability.

325N.09 LIABILITY.
(a) Any provision in a contract which attempts or purports to require arbitration of any dispute arising under sections 325N.01 to 325N.09 is void at the option of the owner.
(b) This section applies to any contract entered into on or after August 1, 2004.
History:
2004 c 263 s 9,26; 2007 c 106 s 22; 2008 c 341 art 5 s 23
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.10 — Definitions.

325N.10 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 325N.10 to 325N.18, the terms defined in this section have the meanings given them.
Subd. 2.
Owner.
"Owner" has the meaning given in section 325N.01, paragraph (g).
Subd. 3.
Property reconveyance.
"Property reconveyance" has the meaning given in section 325N.01, paragraph (c).
Subd. 4.
Equity purchaser.
"Equity purchaser" means a person that has acted as the acquirer in a property reconveyance. Equity purchaser also includes a person that has acted in joint venture or joint enterprise with one or more acquirers in a property reconveyance. An equity purchaser does not include: (i) a natural person who shows that the natural person is not in the business of equity purchasing and has a prior personal relationship with the homeowner of the covered residence, unless a showing of fraud under section 325F.69, subdivision 1, has been made, or (ii) a federal or state chartered bank, savings bank, thrift, or credit union.
Subd. 5.
Resale.
"Resale" means a bona fide market sale of the property subject to the property reconveyance by the equity purchaser to an unaffiliated third party.
Subd. 6.
Resale price.
"Resale price" means the gross sale price of the property on resale.
Subd. 7.
Covered residence.
"Covered residence" has the meaning given in section 325N.01, paragraph (f).
History:
2004 c 263 s 10,26; 2007 c 106 s 4-6,22; 2008 c 341 art 5 s 23; 2015 c 44 s 33,34; 2015 c 50 s 2,3; 2021 c 7 s 11-15
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.11 — Contract Requirement; Form And Language.

325N.11 CONTRACT REQUIREMENT; FORM AND LANGUAGE.
An equity purchaser shall enter into every property reconveyance in the form of a written contract. Every contract must be written in letters of a size equal to at least 12-point boldface type, in the same language principally used by the equity purchaser and owner to negotiate the sale of the covered residence and must be fully completed and signed and dated by the owner and equity purchaser before the execution of any instrument of conveyance of the covered residence.
History:
2004 c 263 s 11,26; 2007 c 106 s 22; 2008 c 341 art 5 s 23; 2021 c 7 s 16
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.12 — Contract Terms.

325N.12 CONTRACT TERMS.
Every contract required by section 325N.11 must contain the entire agreement of the parties and must include the following terms:
(1) the name, business address, and the telephone number of the equity purchaser;
(2) the address of the covered residence;
(3) the total consideration to be given by the equity purchaser in connection with or incident to the sale;
(4) a complete description of the terms of payment or other consideration including, but not limited to, any services of any nature that the equity purchaser represents he or she will perform for the owner before or after the sale;
(5) the time at which possession is to be transferred to the equity purchaser;
(6) a complete description of the terms of any related agreement designed to allow the owner to remain in the home, such as a rental agreement, repurchase agreement, contract for deed, or lease with option to buy;
(7) a notice of cancellation as provided in section 325N.14, paragraph (b); and
(8) the following notice in at least 14-point boldface type, if the contract is printed or in capital letters if the contract is typed, and completed with the name of the equity purchaser, immediately above the statement required by section 325N.14, paragraph (a):
"NOTICE REQUIRED BY MINNESOTA LAW
Until your right to cancel this contract has ended, ....... (Name) or anyone working for ....... (Name) CANNOT ask you to sign or have you sign any deed or any other document."
The contract required by this section survives delivery of any instrument of conveyance of the covered residence, and has no effect on persons other than the parties to the contract.
History:
2004 c 263 s 12,26; 2007 c 106 s 22; 2008 c 341 art 5 s 23; 2021 c 7 s 17
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.13 — Contract Cancellation.

325N.13 CONTRACT CANCELLATION.
(a) In addition to any other right of rescission, the owner has the right to cancel any contract with an equity purchaser until midnight of the fifth business day following the day on which the owner signs a contract that complies with sections 325N.10 to 325N.15 or until 8:00 a.m. on the last day of the period during which the owner has a right of redemption, whichever occurs first.
(b) Cancellation occurs when the owner delivers, by any means, written notice of cancellation, provided that, at a minimum, the contract and the notice of cancellation must contain a physical address to which notice of cancellation may be mailed or otherwise delivered. A post office box does not constitute a physical address. A post office box may be designated for delivery by mail only if it is accompanied by a physical address at which the notice could be delivered by a method other than mail. An email address may be provided in addition to the physical address. If cancellation is mailed, delivery is effective upon mailing. If emailed, cancellation is effective upon transmission.
(c) A notice of cancellation given by the owner need not take the particular form as provided with the contract.
(d) Within ten days following receipt of a notice of cancellation given in accordance with this section, the equity purchaser shall return without condition any original contract and any other documents signed by the owner.
History:
2004 c 263 s 13,26; 2007 c 106 s 7,22; 2008 c 341 art 5 s 23; 2021 c 7 s 18
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.14 — Notice Of Cancellation.

325N.14 NOTICE OF CANCELLATION.
(a) The contract must contain in immediate proximity to the space reserved for the owner's signature a conspicuous statement in a size equal to at least 14-point boldface type, if the contract is printed, or in capital letters, if the contract is typed, as follows:
"You may cancel this contract for the sale of your house without any penalty or obligation at any time before
.
(Date and time of day)
See the attached notice of cancellation form for an explanation of this right."
The equity purchaser shall accurately enter the date and time of day on which the cancellation right ends.
(b) The contract must be accompanied by a completed form in duplicate, captioned "notice of cancellation" in a size equal to a 12-point boldface type if the contract is printed, or in capital letters, if the contract is typed, followed by a space in which the equity purchaser shall enter the date on which the owner executes the contract. This form must be attached to the contract, must be easily detachable, and must contain in type of at least 10 points, if the contract is printed or in capital letters if the contract is typed, the following statement written in the same language as used in the contract:
"NOTICE OF CANCELLATION
.
(Enter date contract signed)
You may cancel this contract for the sale of your house, without any penalty or obligation, at any time before
.
(Enter date and time of day)
To cancel this transaction, you may use any of the following methods: (1) mail or otherwise deliver a signed and dated copy of this cancellation notice; or (2) email a notice of cancellation to
.
(Name of purchaser)
at .
(Physical address of purchaser's place of business)
.
(Email address of foreclosure consultant's place of business)
NOT LATER THAN .
(Enter date and time of day)
I hereby cancel this transaction .
(Date)
.
(Seller's signature)"
(c) The equity purchaser shall provide the owner with a copy of the contract and the attached notice of cancellation at the time the contract is executed by all parties.
(d) The five business days during which the owner may cancel the contract must not begin to run until all parties to the contract have executed the contract and the equity purchaser has complied with this section.
History:
2004 c 263 s 14,26; 2007 c 106 s 8,22; 2008 c 341 art 5 s 23; 2021 c 7 s 19
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.15 — Waiver.

325N.15 WAIVER.
Any waiver of the provisions of sections 325N.10 to 325N.18 is void and unenforceable as contrary to public policy except a consumer may waive the five-day right to cancel provided in section 325N.13 if the property is subject to a foreclosure sale within the five business days, and the owner agrees to waive his or her right to cancel in a handwritten statement signed by all parties holding title to the foreclosed property.
History:
2004 c 263 s 15,26; 2005 c 10 art 1 s 67; 2007 c 106 s 22; 2008 c 341 art 5 s 23; 2021 c 7 s 20
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325N — Mortgage Foreclosures › Section 325N.16 — Liability.

325N.16 LIABILITY.
(a) Any provision in a contract which attempts or purports to require arbitration of any dispute arising under sections 325N.10 to 325N.18 is void at the option of the owner.
(b) This section applies to any contract entered into on or after August 1, 2004.
History:
2004 c 263 s 16,26; 2007 c 106 s 22; 2008 c 341 art 5 s 23
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326 — Employments Licensed By State › Section 326.03 — License Or Certificate Required.

326.03 LICENSE OR CERTIFICATE REQUIRED.
Subdivision 1.
Plans; documents.
No person, except an architect, engineer, land surveyor, landscape architect, geoscientist, or certified interior designer, licensed or certified as provided for in sections 326.02 to 326.15 shall practice architecture, professional engineering, land surveying, landscape architecture, or professional geoscience, or use the title certified interior designer, respectively, in the preparation of plans, specifications, reports, plats or other architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design documents, or in the observation of architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design projects. In preparation of such documents, reasonable care shall be given to compliance with applicable laws, ordinances, and building codes relating to design.
Subd. 2.
Exceptions.
Nothing contained in sections 326.02 to 326.15 shall prevent persons from advertising and performing services such as consultation, investigation, or evaluation in connection with, or from making plans and specifications for, or from supervising, the erection, enlargement, or alteration of any of the following buildings:
(1) dwellings for single families, and outbuildings in connection therewith, such as barns and private garages;
(2) two family dwellings;
(3) any farm building or accessory thereto; or
(4) temporary buildings or sheds used exclusively for construction purposes, not exceeding two stories in height, and not used for living quarters.
Subd. 3.
Recording.
No plat, map, or drawing of any survey or subdivision of lands required by law to be filed or recorded with the county recorder or registered with the registrar of titles of any county, shall be filed, recorded, or registered therein unless there shall be endorsed thereon a certification by a licensed land surveyor.
Subd. 4.
Exception for persons elected in office.
The provisions hereof shall not apply to any person holding an elective office when in discharging the duties thereof such person is required to do work or perform service of the character of work or service usually done or performed by an architect, engineer, land surveyor, landscape architect, or geoscientist.
Subd. 5.
Insurance companies; rating bureaus.
The provisions of sections 326.02 to 326.15 shall not apply to inspection and service work done by employees of insurance companies, their agents, or insurance rating bureaus.
History:
(5697-2) 1921 c 523 s 2; 1933 c 404 s 1; 1945 c 380 s 2; Ex1967 c 28 s 2; 1975 c 83 s 1; 1975 c 329 s 4,5; 1976 c 181 s 2; 1976 c 222 s 138; 1978 c 577 s 1,2; 1Sp1981 c 4 art 1 s 30; 1987 c 8 s 1; 1987 c 384 art 1 s 30; 1989 c 329 art 5 s 15; 1990 c 562 art 5 s 11; 1992 c 507 s 6; 1995 c 206 s 8,9; 1998 c 324 s 9
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326 — Employments Licensed By State › Section 326.031 — Specifications For Public Facilities, Use Of Brand Names.

326.031 SPECIFICATIONS FOR PUBLIC FACILITIES, USE OF BRAND NAMES.
Any engineer, architect, certified interior designer, or other person preparing specifications with respect to a contract for the construction of any facility for the state, or any agency or department thereof, or for any county, city, town, or school district, shall at the time of submitting such specifications to the governing body of the organization requesting the specifications, submit to such body, in writing, a list showing each item in the specifications which has been specified by brand name, unless such specifications allow for the consideration of an equal.
History:
1969 c 635 s 1; 1973 c 123 art 5 s 7; 1992 c 507 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326 — Employments Licensed By State › Section 326.04 — Board Established.

326.04 BOARD ESTABLISHED.
Subdivision 1.
Board composition.
To carry out the provisions of sections 326.02 to 326.15 there is hereby created a Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design consisting of 21 members, who shall be appointed by the governor. Three members shall be licensed architects, five members shall be licensed engineers, two members shall be licensed landscape architects, two members shall be licensed land surveyors, two members shall be certified interior designers, two members shall be licensed geoscientists, and five members shall be public members. Not more than one member of the board shall be from the same branch of the profession of engineering. Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09. Members shall be limited to two terms. The provision of staff, administrative services and office space; the review and processing of complaints; the setting of board fees; and other provisions relating to board operations shall be as provided in chapter 214.
Subd. 2.
Temporary military certificate.
The board shall establish a temporary military certificate in accordance with section 197.4552.
History:
(5697-3) 1921 c 523 s 3; 1949 c 86 s 1; 1973 c 638 s 42; 1975 c 136 s 55; 1975 c 329 s 6; 1976 c 222 s 139; 1976 c 239 s 63; 1979 c 209 s 2; 1991 c 199 art 1 s 50; 1992 c 507 s 8; 1995 c 206 s 10; 1998 c 324 s 1; 2014 c 236 s 3; 2014 c 312 art 4 s 19
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326 — Employments Licensed By State › Section 326.05 — Qualifications Of Board Members.

326.05 QUALIFICATIONS OF BOARD MEMBERS.
Each member of the board shall be a resident of this state at the time of and throughout the member's appointment. Each member except the public members shall have been engaged in the practice of the relevant profession for at least ten years and shall have been in responsible charge of professional work requiring licensure as an architect, engineer, land surveyor, landscape architect, or geoscientist, or certification as an interior designer for at least five years.
History:
(5697-4) 1921 c 523 s 4; 1973 c 638 s 43; 1975 c 329 s 7; 1976 c 222 s 140; 1986 c 444; 1992 c 507 s 9; 1995 c 206 s 11; 1998 c 324 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326 — Employments Licensed By State › Section 326.06 — General Powers And Duties Of Board.

326.06 GENERAL POWERS AND DUTIES OF BOARD.
Each member of the board shall receive a certificate of appointment from the governor, and, before beginning a term of office, shall file with the secretary of state the constitutional oath of office. The board shall adopt and have an official seal, which shall be affixed to all licenses granted; shall make all rules, not inconsistent with law, needed in performing its duties; and shall fix standards for determining the qualifications of applicants for certificates, which shall not exceed the requirements contained in the curriculum of a recognized school of architecture, landscape architecture, engineering, geoscience, or interior design. The board shall make rules to define classes of buildings with respect to which persons performing services described in section 326.03, subdivision 2, may be exempted from the provisions of sections 326.02 to 326.15, by a finding of no probable risk to life, health, property or public welfare.
History:
(5697-5) 1921 c 523 s 5; 1975 c 329 s 8; 1976 c 222 s 141; 1978 c 577 s 3; 1979 c 222 s 1; 1986 c 444; 1987 c 8 s 2; 1987 c 384 art 1 s 31; 1992 c 507 s 10; 1995 c 206 s 12
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 326 — Employments Licensed By State › Section 326.07 — Board, Meetings, Officers, Quorum.

326.07 BOARD, MEETINGS, OFFICERS, QUORUM.
The board shall hold meetings at such times the board shall specify. Notice of all meetings shall be given in such manner as the bylaws may provide as described in chapter 13D. The board shall elect annually from its members a chair, a vice-chair, a secretary and a treasurer. A quorum of the board shall consist of a majority of members of the board qualified to vote on the matter in question.
History:
(5697-6) 1921 c 523 s 6; 1949 c 86 s 2; 1973 c 638 s 44; 1975 c 136 s 56; 1975 c 329 s 9; 1986 c 444; 1992 c 507 s 11; 1995 c 206 s 13; 1998 c 324 s 3