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32-27-2-10. Breach of warranty; actions against builder; damages; attorney's fees

IN Code § 32-27-2-10 (2019) (N/A)
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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 a breach of 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 award may be for not more than:

(1) the actual damages, which are either:

(A) the amount necessary to effect repair of the defect that is the cause of the breach; or

(B) the amount of the difference between the value of the new home without the defect and the value of the new home with the defect;

(2) the reasonably foreseeable consequential damages arising from the defect covered by the warranty; and

(3) attorney's fees, if those fees are provided for in the written contract between the parties.

[Pre-2002 Recodification Citation: 32-15-7-10.]

As added by P.L.2-2002, SEC.12.

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32-27-2-9. Disclaimer of implied warranties
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32-27-2-11. Warranties in addition to contract rights; other remedies