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Miss. Code Ann. § 83-58-3

Definitions

Known as the New Home Warranty Act

The act spans §§ 83–83 (9 sections).

Applied in 2 court decisions — leading case 98 So. 3d 1046 - Townes v. Rusty Ellis Builder, Inc. (2012)

Most recently applied in 98 So. 3d 1046 - Townes v. Rusty Ellis Builder, Inc. (October 2012)

Laws, 1997, ch. 465, § 2; Laws, 2012, ch. 405, § 1, eff from and after July 1, 2012.

For purposes of this chapter the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

“Builder” means any person, corporation, partnership, or other entity which constructs a home or engages another to construct a home, including a home occupied initially by its builder as his residence, for the purpose of sale.

“Building standards” means the standards contained in the building code, mechanical-plumbing code, and electrical code in effect in the county, municipality or other local political subdivision where a home is to be located, at the time construction of that home is commenced, or, if the county, city or other local political subdivision has not adopted such codes, the Standard Building Code, together with any additional performance standards, if any, which the builder may undertake to be in compliance.

“Home” means any new structure designed and used only for residential use.

“Initial purchaser” means any person for whom a home is built or the first person to whom a home is sold upon completion of construction.

“Major structural defect” means actual physical damage to any of the following load-bearing portions of a home caused by failure of the load-bearing portions and its load-bearing functions, as follows to wit:

Foundation systems and footings;

Beams;

Girders;

Lintels;

Columns;

Load-bearing walls and partitions;

Floor systems;

Roof-framing systems.

“Owner” means the initial purchaser of a home and any of his successors in title to a home during the time the warranties provided under this chapter are in effect.

“Warranty commencement date” means the date that legal title to a home is conveyed to its initial purchaser or the date the home is first occupied, whichever occurs first.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.