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Indiana Code Title 32. Property § 32-27-2-10

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 10. (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.

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Cite this article: FindLaw.com - Indiana Code Title 32. Property § 32-27-2-10 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-32-property/in-code-sect-32-27-2-10/

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