MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Business and Financial Institutions

By: Senator(s) Flowers

Senate Bill 2496

AN ACT TO AMEND SECTION 83-58-17, MISSISSIPPI CODE OF 1972, TO PROVIDE A REMEDY FOR DAMAGES ARISING FROM VIOLATIONS OF THE NEW HOME WARRANTY LAW; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 83-58-17, Mississippi Code of 1972, is amended as follows:

     83-58-17. * * *  If a builder violates this chapter by failing to perform as required by the warranties provided in this chapter, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court costs, arising from the violations.  The damages with respect to a single defect shall not exceed the reasonable cost of repair or replacement necessary to cure the defect, and damages with respect to all defects in the home shall not exceed the original purchase price of the home.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2004.