Sec. 1. The warranties defined by this chapter (or IC 34-4-20.5 or IC 32-15-7 before their repeal) become effective on the warranty date attributed to a new home. [Pre-2002 Recodification Citation: 32-15-7-1.] As added by P.L.2-2002, SEC.12.
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 […]
Sec. 11. (a) The warranties set forth in this chapter (or IC 34-4-20.5 or IC 32-15-7 before their repeal) are in addition to any rights created by contract between the parties. (b) The remedies provided in section 10 of this chapter (or IC 34-4-20.5-10 or IC 32-15-7-10 before their repeal) do not limit any remedies […]
Sec. 2. As used in this chapter, “initial home buyer” means a person who executes a contract with a builder to buy a new home and who: (1) occupies the new home as its first occupant; and (2) occupies the new home as a residence. [Pre-2002 Recodification Citation: 32-15-7-2.] As added by P.L.2-2002, SEC.12.
Sec. 3. As used in this chapter, “major structural defect” means actual damage to the load bearing part of a new home, including actual damage due to: (1) subsidence; (2) expansion; or (3) lateral movement; of the soil affecting the load bearing function, unless the subsidence, expansion, or lateral movement of the soil is caused […]
Sec. 4. (a) As used in this chapter, “new home” means a new dwelling occupied for the first time after construction. (b) The term does not include: (1) a detached garage; (2) a driveway; (3) a walkway; (4) a patio; (5) a boundary wall; (6) a retaining wall not necessary for the structural stability of […]
Sec. 5. (a) As used in this chapter, “home buyer” means a purchaser of a new home. (b) The term includes any owner of the new home before the expiration of the warranties defined by this chapter. [Pre-2002 Recodification Citation: 32-15-7-5.] As added by P.L.2-2002, SEC.12.
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.
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 […]
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 […]
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 […]
