Indiana Code 32-27-2-10. Breach of warranty; actions against builder; damages; attorney’s fees
(1) damages arising from the breach; or
Terms Used In Indiana Code 32-27-2-10
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- builder: means a person who constructs new homes for sale, including the construction of new homes on land owned by home buyers. See Indiana Code 32-27-2-6
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- home buyer: means a purchaser of a new home or a model home. See Indiana Code 32-27-2-5
- new home: means a new dwelling occupied for the first time as a residence after construction. See Indiana Code 32-27-2-4
(b) If damages are awarded for a breach of a warranty set forth in section 8 or 8.5 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. Amended by P.L.137-2023, SEC.12.