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CS/HB 1013 — Residential Construction Warranties

by Civil Justice Subcommittee and Rep. Artiles (CS/CS/SB 1196 by Judiciary Committee; Community Affairs Committee; and Senator Bennett)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Community Affairs Committee (CA)

The bill provides that a purchaser of a new home or a homeowners’ association does not have a cause of action for damages based on an implied warranty of fitness and merchantability or habitability, relating to an offsite improvement for a new home. Under the bill, an “offsite improvement” includes a street, driveway, road, sidewalk, drainage, utilities, or any other improvement or structure that does not immediately and directly support the fitness and merchantability or habitability of the home itself.

If approved by the Governor, these provisions take effect July 1, 2012.

Vote: Senate 36-4; House 106-10