32-27-2-6. “Builder” Defined
Sec. 6. As used in this chapter, “builder” means a person who constructs new homes for sale, including the construction of new homes on land owned by home buyers. [Pre-2002 Recodification Citation: 32-15-7-6.] As added by P.L.2-2002, SEC.12.
32-27-2-7. “Warranty Date” Defined
Sec. 7. As used in this chapter, “warranty date” means the date of the first occupancy of the new home as a residence by one (1) of the following: (1) The builder. (2) An individual or individuals renting the home from the builder. (3) An individual or individuals living in the home at the request […]
32-27-2-8. Warranties of Builder; Survival of Warranties
Sec. 8. (a) In selling a completed new home, and in contracting to sell a new home to be completed, the builder may warrant to the initial home buyer the following: (1) During the two (2) year period beginning on the warranty date, the new home will be free from defects caused by faulty workmanship […]
32-27-2-9. Disclaimer of Implied Warranties
Sec. 9. (a) A builder may disclaim all implied warranties only if all of the following conditions are met: (1) The warranties defined in this chapter are expressly provided for in the written contract between a builder and an initial home buyer of a new home. (2) The performance of the warranty obligations is backed […]
32-27-2-10. Breach of Warranty; Actions Against Builder; Damages; Attorney’s Fees
Sec. 10. (a) If a builder provides and breaches a warranty set forth in section 8 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 before their repeal), the home buyer may bring an action against the builder for: (1) damages arising from the breach; or (2) specific performance. (b) If damages are awarded for […]
32-27-1-10. “Remodeler” Defined
Sec. 10. As used in this chapter, “remodeler” means a person who contracts with an owner to alter, repair, or modify the owner’s home. [Pre-2002 Recodification Citation: 24-5-11.5-10.] As added by P.L.2-2002, SEC.12.
32-27-1-11. “Warranty Date” Defined
Sec. 11. As used in this chapter, “warranty date” means the date by which all home improvements and work under the home improvement contract have been substantially completed so the owner can occupy and use the improvement in the manner contemplated by the home improvement contract. [Pre-2002 Recodification Citation: 24-5-11.5-11.] As added by P.L.2-2002, SEC.12.
32-27-1-12. Warranty Coverage; Warranties Survive Legal or Equitable Title
Sec. 12. (a) In performing home improvements and in contracting to perform home improvements, a remodeler may warrant to the owner the following: (1) During the two (2) year period beginning on the warranty date, the home improvement must be free from defects in workmanship or materials. (2) During the two (2) year period beginning […]
32-27-1-13. Warranty Disclaimers; Conditions; Acknowledgment; Default
Sec. 13. (a) A remodeler may disclaim all implied warranties only if all of the following conditions are met: (1) The warranties defined in this chapter are expressly provided for in the home improvement contract between a remodeler and an owner. (2) The performance of the warranty obligations is guaranteed by an insurance policy in […]
32-27-1-14. Breach of Warranty; Award of Damages
Sec. 14. (a) If a remodeler breaches a warranty set forth in section 12 of this chapter, the owner may bring an action against the remodeler for: (1) damages arising from the breach; or (2) specific performance. (b) If damages are awarded for a breach of a warranty set forth in section 12 of this […]