§ 83-58-1. Short title
This chapter shall be known and may be cited as the “New Home Warranty Act.”
§ 83-58-11. Insurance for warranty allegations
All or part of the builder’s obligation under any warranty required in this chapter may be insured by the builder for the benefit of the purchaser through an insurance company authorized to transact business in this state.
§ 83-58-13. Transfer of warranties
Any warranty imposed under the provisions of this chapter and any insurance benefit shall automatically transfer, without charge, to a subsequent owner who acquires title to a home. Any transfer of the home shall not extend the duration of any warranty or insurance coverage.
§ 83-58-15. Damages; arbitration of claims
The damages with respect to a single defect shall not exceed the reasonable cost of repair or replacement necessary to cure the defect, and damages with respect to all defects in the home shall not exceed the original purchase price of the home. The parties may provide for the arbitration of any claim in dispute. […]
§ 83-58-17. Statutory remedy for damages arising from violations of home warranty law; common law remedies
If a builder violates any of the provisions of this chapter by failing to perform as required by the warranties provided in this chapter, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court cost, arising out of the violations. Nothing in this chapter shall […]
§ 83-58-3. Definitions
For purposes of this chapter the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise: “Builder” means any person, corporation, partnership, or other entity which constructs a home or engages another to construct a home, including a home occupied initially by its builder as his residence, for the […]
§ 83-58-5. Builder’s warranties to owner
Subject to the exclusions provided in this section, every builder warrants the following to the owner: One (1) year following the warranty commencement date, the home will be free from any defect due to noncompliance with the building standards. Six (6) years following the completion date, the home will be free from major structural defects […]
§ 83-58-7. Written notice of defect to builder
Before undertaking any repair himself, except repair to minimize loss or damage as provided in Section 83-58-5(2)(d), or instituting any action under Section 83-58-17, the owner shall give the builder written notice within ninety (90) days after knowledge of the defect by registered or certified mail, advising him of the defects and giving the builder […]
§ 83-58-9. Commencement of warranty action
Any action to enforce any warranty provided in this chapter shall commence thirty (30) days after the expiration of the appropriate time period provided.