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 or defective materials.
(2) During the two (2) year period beginning on the warranty date, the new home will be free from defects caused by faulty installation of:
(A) plumbing;
(B) electrical;
(C) heating;
(D) cooling; or
(E) ventilating;
systems, exclusive of fixtures, appliances, or items of equipment.
(3) During the four (4) year period beginning on the warranty date, the new home will be free from defects caused by faulty workmanship or defective materials in the roof or roof systems of the new home.
(4) During the ten (10) year period beginning on the warranty date, the new home will be free from major structural defects.
(b) The warranties provided in this section (or IC 34-4-20.5-8 or IC 32-15-7 before their repeal) survive the passing of legal or equitable title in the new home to a home buyer.
(c) An individual identified in section 7(1), 7(2), or 7(3) of this chapter who is selling a new home shall notify the purchaser of the home in writing on or before the date of closing or transfer of the new home of:
(1) the warranty date (as defined in section 7 of this chapter); and
(2) the amount of time remaining under the warranty.
[Pre-2002 Recodification Citation: 32-15-7-8.]
As added by P.L.2-2002, SEC.12. Amended by P.L.165-2005, SEC.10.
Structure Indiana Code
Article 27. Construction Warranties on Real Property
Chapter 2. New Home Construction Warranties
32-27-2-1. Effective Date of Warranties
32-27-2-2. "Initial Home Buyer" Defined
32-27-2-3. "Major Structural Defect" Defined
32-27-2-5. "Home Buyer" Defined
32-27-2-7. "Warranty Date" Defined
32-27-2-8. Warranties of Builder; Survival of Warranties
32-27-2-9. Disclaimer of Implied Warranties
32-27-2-10. Breach of Warranty; Actions Against Builder; Damages; Attorney's Fees
32-27-2-11. Warranties in Addition to Contract Rights; Other Remedies