MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Business and Financial Institutions
By: Senator(s) Thames
AN ACT TO AMEND SECTION 83-58-5, MISSISSIPPI CODE OF 1972, TO EXTEND BUILDERS' WARRANTIES TO OWNERS OF NEW HOMES UNDER THE NEW HOME WARRANTY ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 83-58-5, Mississippi Code of 1972, is amended as follows:
83-58-5. (1) Subject to the exclusions provided in this section, every builder warrants the following to the owner:
(a) Two (2) years following the warranty commencement date, the home will be free from any defect due to noncompliance with the building standards.
(b) Ten (10) years following the warranty commencement date, the home will be free from major structural defects due to noncompliance with the building standards.
(2) Unless the parties otherwise agree in writing, the builder's warranty shall exclude the following items:
(a) Defects in outbuildings including detached garages and detached carports, except outbuildings which contain the plumbing, electrical, heating, cooling, or ventilation systems serving the home; swimming pools and other recreational facilities; driveways; walkways; patios; boundary walls; retaining walls; bulkheads; fences; landscaping, including sodding, seeding, shrubs, trees, and planting; off-site improvements including streets, roads, drainage, and utilities or any other improvements not a part of the home itself.
(b) Damage to real property which is not part of the home covered by the warranty and which is not included in the purchase price of the home.
(c) Any damage to the extent it is caused or made worse by any of the following:
(i) Negligence, improper maintenance, or improper operation by anyone other than the builder or any employee, agent, or subcontractor of the builder.
(ii) Failure by anyone other than the builder or any employee, agent, or subcontractor of the builder to comply with the warranty requirements of manufacturers of appliances, equipment, or fixtures.
(iii) Failure by the owner to give written notice by registered or certified mail to the builder of any defect within a reasonable time.
(iv) Any change, alteration, or addition made to the home by anyone after the initial occupancy by the owner, except any change, alteration, or addition performed by the builder, or any employee, agent, or subcontractor of the builder.
(v) Dampness, condensation, or other damage due to the failure of the owner to maintain adequate ventilation or drainage.
(d) Any loss or damage which the owner has not taken timely action to minimize.
(e) Any defect in, or any defect caused by, materials or work supplied by anyone other than the builder.
(f) Normal wear and tear or normal deterioration.
(g) Loss or damage which does not constitute a defect in the construction of the home by the builder, or any employee, agent, or subcontractor of the builder.
(h) Loss or damage resulting from war, accident, riot and civil commotion, water escape, falling objects, aircraft, vehicles, acts of God, lightning, windstorm, hail, flood, mud slide, earthquake, volcanic eruption, wind driven water, and changes in the level of the underground water table which are not reasonably foreseeable.
(i) Insect damage and rotting of any kind.
(j) Any condition which does not result in actual physical damage to the home.
(k) Failure of the builder to complete construction of the home.
(l) Any defect not reported in writing by registered or certified mail to the builder or insurance company, as appropriate, prior to the expiration of the period of coverage of that defect plus thirty (30) days.
(m) Consequential damages.
(n) Any loss or damage to a home caused by soil conditions or soil movement if the home is constructed on land owned by the initial purchaser and the builder obtains a written waiver from the initial purchaser for any loss or damage caused by soil conditions or soil movement.
(o) Any defect in an electrical, plumbing, heating, air conditioning, or similar fixture not manufactured by the builder for which the manufacturer provides a warranty regardless of duration.
(3) The provisions of this section establish minimum required warranties and shall not be waived by the owner or reduced by the builder, provided the home is a single family dwelling to be occupied by an owner as his home.
SECTION 2. This act shall take effect and be in force from and after July 1, 2004.