Before undertaking any repair himself, except repair to minimize loss or damage as provided in Section 83-58-5(2)(d), or instituting any action under Section 83-58-17, the owner shall give the builder written notice within ninety (90) days after knowledge of the defect by registered or certified mail, advising him of the defects and giving the builder a reasonable opportunity to repair the defect. The builder shall give the owner written notice of the requirements of this chapter at the time of closing. If the builder does not provide such notice, the warranties provided in this chapter shall be extended for a period of time equal to the time between the warranty commencement date and date notice was given.
Miss. Code Ann. § 83-58-7
Written notice of defect to builder
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, § 4; Laws, 2004, ch. 567, § 2, eff from and after July 1, 2004.
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.