Chapter 1 Statutory Home Improvement Warranties
Chapter 2 New Home Construction Warranties
Chapter 3 Notice and Opportunity to Repair

Terms Used In Indiana Code > Title 32 > Article 27

  • authority: refers to the Indiana finance authority. See Indiana Code 5-1-17.5-4
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • board: refers to the board of directors of the commission. See Indiana Code 5-1-17.5-5
  • bonds: has the meaning set forth in Indiana Code 5-1-17.5-6
  • 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
  • commission: refers to the Indiana motorsports commission created by this chapter. See Indiana Code 5-1-17.5-9
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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 buyer: means a purchaser of a new home. See Indiana Code 32-27-2-5
  • home improvement: means any alteration, repair, or other modification of an existing home. See Indiana Code 32-27-1-4
  • home improvement contract: means a written agreement between a remodeler and an owner to make a home improvement. See Indiana Code 32-27-1-5
  • initial home buyer: means a person who executes a contract with a builder to buy a new home and who:

    Indiana Code 32-27-2-2

  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • load bearing parts of the home: means the following:

    Indiana Code 32-27-1-6

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • motorsports investment district: means the geographic area established as a motorsports investment district under this chapter. See Indiana Code 5-1-17.5-11
  • new home: means a new dwelling occupied for the first time after construction. See Indiana Code 32-27-2-4
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • owner: means a person who:

    Indiana Code 32-27-1-8

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: means an individual, a corporation, a limited liability company, a business trust, an estate, a trust, a partnership, an association, a cooperative, or other legal entity. See Indiana Code 32-27-1-9
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • qualified motorsports facility: means a facility that:

    Indiana Code 5-1-17.5-14

  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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
  • warranty date: means the date of the first occupancy of the new home as a residence by one (1) of the following:

    Indiana Code 32-27-2-7