HB2620 - 452R - House Bill Summary

House of Representatives

HB 2620

purchaser dwellings; opportunity to repair

Sponsors: Representatives Nelson, Cooley, Leff, Pearce et. al

X	Committee on Commerce and Economic Development
	Caucus and COW
	Third Read
	As Passed the House

HB 2620 outlines the requirements for proper notice and provides an opportunity for repairs prior to a purchaser filing any dwelling action against a seller.

History

In addition to filing a civil lawsuit, currently the purchaser of a single family home or a condominium unit may file a complaint against the prime contractor and any subcontractors, architects, engineers, or related construction personnel. The complaint must be filed at the Office of the Registrar of Contractors within two years of the completion of the home or repairs. Statute outlines the procedures for the complaint process, including notice and the opportunity to be heard.

Prior to filing any civil action, HB 2620 outlines the proper notice requirements and provides an opportunity for the seller to make repairs prior to the purchaser filing a civil lawsuit.

Provisions

· Defines association, community documents, dwelling, dwelling action, purchaser, and seller.

· Specifies time limits and notification processes that must take place between the seller and purchaser prior to filing a dwelling action.

· Authorizes the seller to inspect the dwelling after receiving the notification of defects to determine the extent and cause of the defects. If testing is involved, the seller must restore the dwelling to its pre-testing condition.

· Outlines the content and process for the seller to follow in sending a written response to the purchaser.

· States that if the seller does not provide the required written response to the purchaser’s notice within 30 days, the purchaser may file a dwelling action without waiting for the required period.

· Mandates a purchaser to respond to the seller’s response or offer within thirty days. The purchaser may accept the offer at this time.

· Prohibits including a purchaser’s notice, a seller’s response (if made in good faith), or a purchaser’s response made to a seller’s offer, in any dwelling action.

· Creates an admissible and rebuttable presumption that the purchaser’s damages could have been mitigated for the following:

Failure to provide notice to the seller of any defect.
Failure to allow an inspection.
Failure to provide a good faith response to the seller’s offer.

· Asserts that the purchaser’s written notice of defect is valid for 120 days after the seller receives the notice. Allows the seller and purchaser to extend the time periods in writing.

· Adds that if a purchaser files a dwelling action without following the required steps, the court may stay the action for 120 days to allow the parties to comply.

· Outlines the excluded claims and actions.

· Clarifies that the article does apply to dwelling actions undertaken by homeowners associations.

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· 45th Legislature