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I am building a new Arbor home in Indiana. Indiana has Implied

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I am building a new Arbor home in Indiana. Indiana has Implied and Express warranties. Implied warranty automatically applies to newly constructed homes regarding workmanship and determined by case law and not based upon statute. A builder can disclaim implied warranties by adding express warranty detailed in Section 8 on IN Code 32-27-2 to their warranty. Under implied warranty must I sue the builder to get plumbing, roofing, structural, and slab work done if defective or poor workmanship. If we sign an express warranty are we giving up rights to any structural, roofing, slab, plumbing, electrical etc not specified in the express warranty. Very confused about consumer rights with what should be warrantied and for how long. This home built in February, March, and April. Multiple contractors, sub-contractors (most non-English speaking). Poor General Manager. Installed furnace, fireplace, electrical before roof was even completed. Everything wet and standing in inch of water. Slab poured in Feb and had long crack 1/16 inch wide and at least 3/16 vertical and 5 feet long. We asked builder and they said carpet people will fill. Know for a fact not filled and carpeted over the very next day. Poor workmanship but builder says flex gas lines meet code. Ran from manifold straight across to furnace dangling. Not ran through ceiling and down to furnace. Builder forgot to install 220 for AC unit per blueprints and cobbled up a 220 3.15 feet long to AC just 12 inches off the ground near utility door walk way. Can easily be stepped upon or child pull on. Trying to figure out our rights and what we should agree to in a warranty in Indiana. Per other home buyers we spoke to, "They said builder does not care and lies and not to close until everything is perfect." General manager says we must close when home is has certificate of occupancy. Trying to figure out our consumer rights and what we should accept in a warranty at closing. Home is Franklin Township, Marion County, Indianapolis, IN.
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Attorney 1 replied 10 months ago.
Hello, and welcome. I am a licensed attorney and happy to assist. These are good questions, and I'm glad you asked. The implied warranty regarding worksmanshipis automatic, but in order to enforce it you must go to court if the builder does not acknowledge the problem and fix it. That said, the builder will often fix the problem before it gets to that point to avoid the cost of litigation, and an action the builder will ultimately lose. If workmanship becomes an issue, be sure to document everything, including the condition and communications with the builder. An express warranty does not give up your implied warranty rights, unless they disclaim or contradict them. The warranty is in addition to what exists as a matter of law. Be sure not to signan express warranty that limits all rights to those contained in the warranty, because that is the equivalent of a waiver. If you are not comfortable with or are confused with the language, be sure to have the paperwork reviewed by a local attorney (not the real estate agent) before signing. This will give you peace of mind in the years to come. Since you're already having potential problems and may not know who to believe, it would be a good idea to get an independent assessment of the situation from a qualified professional or professionals. That will give you a good idea of who is responsible and what needs to be done. I hope this helps. If you need additional information or clarification, just let me know. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide​. Good luck! Best,Attorney 1
Customer: replied 10 months ago.
Some good information but you did not entirely answer my question. I asked with an IN implied warranty what is understood to be covered in regard to structural, slab, plumbing, electrical, and gas and for how long. As a consumer what should a warranty typically cover for a new home build and for what period of time whether it be implied or express in Indiana. You only confirmed the part that I pretty much knew already.
Expert:  Attorney 1 replied 10 months ago.
Sorry, thanks for bringing this to my attention. In Indiana, the implied warranty covers all aspects of building workmanship for a period of two years with regard to plumbing, heating, cooling and ventilating. The warranty applies for four years with regard to roofing. A ten year period applies to major structural defects. An express warranty can extend these time periods, but watch out for limitations and/or disclaimers. The above provisions are found in IC 32-27-2-8. Note that in the event of breach of warranty, reasonable costs of suit, including attorney fees, are compensable by statute. I hope this helps. If you need additional information or clarification, just let me know. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide​. Good luck! Best,Attorney 1
Expert:  Attorney 1 replied 9 months ago.
Please let me know if there's anything else I can do for you. I'm here to help. Best,Attorney 1

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