Overview
M/I Homes operates in Indiana with active communities in the Indianapolis metropolitan area. Indiana is one of the company's Midwest markets.
Indiana's Residential Construction Defect Act, the implied warranty of habitability, and the Deceptive Consumer Sales Act provide legal protections for buyers of new construction. Indiana requires 90 days' written notice to the builder before filing a construction defect lawsuit.
How Indiana Law Affects Your Contract
The following analysis examines how M/I Homes's documented contract patterns interact with Indiana consumer protection law.
Indiana Residential Construction Defect Act
Indiana Code § 32-27-3 requires homeowners to provide written notice to the builder at least 90 days before filing a construction defect lawsuit. M/I Homes must be given an opportunity to inspect and repair.
Implied Warranty of Habitability
Indiana courts recognize an implied warranty of habitability for new construction (Theis v. Heuer, 264 Ind. 1, 1976). If M/I Homes' purchase agreement designates the express warranty as the exclusive remedy, the implied warranty may provide additional protections.
Arbitration Provisions Under Indiana Law
Mandatory arbitration clauses are generally enforceable in Indiana. Buyers should review M/I Homes' dispute resolution provisions, including whether they limit discovery or restrict available remedies.
Indiana Deceptive Consumer Sales Act
The Deceptive Consumer Sales Act (Ind. Code § 24-5-0.5) prohibits deceptive acts in consumer transactions and provides treble damages for willful violations. If M/I Homes or M/I Financial made misleading representations, this statute may apply.
Indiana Legal History
No state-specific litigation involving M/I Homes in Indiana has been identified in public records as of this writing.
Relevant Indiana Laws
Requires homeowners to provide written notice to the builder at least 90 days before filing a construction defect lawsuit, giving the builder an opportunity to inspect and repair.
Indiana courts recognize an implied warranty of habitability for new construction, requiring that homes be fit for habitation at the time of sale.
Prohibits deceptive acts in consumer transactions and provides remedies including treble damages for willful violations.
Indiana Key Facts
- 1Indiana requires 90 days' written notice to the builder before filing a construction defect lawsuit.
- 2Indiana has a 10-year statute of repose for construction defect claims.
- 3Indiana courts recognize an implied warranty of habitability for new construction.
- 4Mandatory arbitration clauses are generally enforceable in Indiana.
- 5Indiana does not require residential builders to hold a state-level builder license.
- 6The Deceptive Consumer Sales Act provides treble damages for willful violations.
What Indiana Buyers Should Know
- Comply with Indiana's 90-day notice requirement. Indiana law requires 90 days' written notice to the builder before filing a construction defect lawsuit. Document all defects with photographs, dates, and written descriptions.
- Know that Indiana recognizes an implied warranty of habitability. Indiana courts recognize an implied warranty that new homes will be fit for habitation. This provides protections beyond M/I Homes' express limited warranty.
- Understand the 10-year statute of repose. Indiana has a 10-year statute of repose for construction defect claims. Document defects promptly and consult an attorney to ensure timely filing.
- Compare M/I Financial with independent lenders. M/I Financial is a wholly owned subsidiary of M/I Homes. Compare rates, fees, and loan terms with at least two independent lenders before committing.