Indiana Code 32-27-1-12. Warranty coverage; warranties survive legal or equitable title
(1) During the two (2) year period beginning on the warranty date, the home improvement must be free from defects in workmanship or materials.
Terms Used In Indiana Code 32-27-1-12
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- home: means an attached or detached single family dwelling. See Indiana Code 32-27-1-3
- home improvement: means any alteration, repair, or other modification of an existing home. See Indiana Code 32-27-1-4
- load bearing parts of the home: means the following:
Indiana Code 32-27-1-6
- owner: means a person who:
Indiana Code 32-27-1-8
- remodeler: means a person who contracts with an owner to alter, repair, or modify the owner's home. See Indiana Code 32-27-1-10
- 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. See Indiana Code 32-27-1-11
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(A) new plumbing systems;
(B) new electrical systems;
(C) new heating, cooling, and ventilating systems; or
(D) extended parts of existing systems.
The warranty does not cover appliances, fixtures, or items of equipment that are installed under the home improvement contract.
(3) During the four (4) year period beginning on the warranty date, the home improvement must be free from defects caused by faulty workmanship or defective materials in the roof or roof systems of the home improvement.
(4) During the ten (10) year period beginning on the warranty date, the home improvement and affected load bearing parts of the home must be free from major structural defects.
(b) The warranties provided in this section survive the passing of legal or equitable title in the home to subsequent persons.
[Pre-2002 Recodification Citation: 24-5-11.5-12.]
As added by P.L.2-2002, SEC.12.