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

Indiana Statutes

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

Indiana·Title 32 PROPERTY·Art. 27 CONSTRUCTION WARRANTIES ON REAL·Ch. 2 New Home Construction Warranties

(a)If a builder provides and breaches 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 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 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

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(a) If a builder provides and breaches 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 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 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.]

Indiana § 32-27-2-10 (Breach of warranty; actions against builder; damages; attorney's fees) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.