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| 2 | 2 | | HOUSE DOCKET, NO. 1991 FILED ON: 1/19/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 301 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Denise C. Garlick, (BY REQUEST) |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act providing safe homes for all. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Edward Sullivan1/18/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1991 FILED ON: 1/19/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 301 |
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| 18 | 18 | | By Representative Garlick of Needham (by request), a petition (accompanied by bill, House, No. |
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| 19 | 19 | | 301) of Edward Sullivan relative to providing for implied warranties of habitability to purchasers |
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| 20 | 20 | | of certain renovated houses or condominiums. Consumer Protection and Professional Licensure. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act providing safe homes for all. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. Chapter 93A of the General Laws is hereby amended by adding the |
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| 30 | 30 | | 2following section: |
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| 31 | 31 | | 3 Section 12. (a) Every licensed building contractor who renovates or remodels a house or |
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| 32 | 32 | | 4condominium that they own and later sell in the Commonwealth of Massachusetts shall be |
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| 33 | 33 | | 5deemed to have made an Implied Warranty of Habitability to the purchaser of the property. |
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| 34 | 34 | | 6 (b) The Implied Warranty of Habitability shall be deemed to be a part of every such |
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| 35 | 35 | | 7contract and shall be enforceable by the purchaser of the property, regardless of whether the |
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| 36 | 36 | | 8warranty is expressly set forth in the contract. |
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| 37 | 37 | | 9 (c) The Implied Warranty of Habitability shall require the licensed building contractor to |
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| 38 | 38 | | 10renovate or remodel the property in a manner that is fit for human habitation and complies with |
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| 39 | 39 | | 11all applicable building codes and regulations, just as builder/vendors of new houses and |
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| 40 | 40 | | 12condominiums and landlords are required to do. 2 of 2 |
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| 41 | 41 | | 13 (d) The Implied Warranty of Habitability shall apply for three years from date of sale of |
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| 42 | 42 | | 14the renovated/remodeled house or condominium by the Commonwealth licensed contractor. No |
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| 43 | 43 | | 15parties involved in the transaction have the power to void or overlook this warranty. |
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| 44 | 44 | | 16 (e) Any licensed building contractor who breaches the Implied Warranty of Habitability |
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| 45 | 45 | | 17shall be liable to the purchaser of the property for all damages arising from the breach, including, |
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| 46 | 46 | | 18but not limited to, damages for personal injury, property damage, and consequential damages. |
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| 47 | 47 | | 19 (f) The remedies provided for in this section shall be in addition to any other remedies |
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| 48 | 48 | | 20available to the purchaser of the property under the law, including, but not limited to, the |
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| 49 | 49 | | 21provisions of Chapter 93A. |
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| 50 | 50 | | 22 (g) The Legislature 6-year “statute of repose” defense for Chapter 93A if licensed home |
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| 51 | 51 | | 23improvement contractors who do not obtain the required inspections and permits on properties |
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| 52 | 52 | | 24they renovate and later sell to 6-year from date of sale. Otherwise, there is no reasonable way to |
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| 53 | 53 | | 25discover dangerous electrical, gas or structural that are hidden behind walls or ceilings nor to |
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| 54 | 54 | | 26determine the actual date of the renovation/remodeling occurred since there is no record. A date |
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| 55 | 55 | | 27of sale could easily be established from the Registry of Deeds. |
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| 56 | 56 | | 28 There would be no change to the 6-year “statute of repose for contractors who properly |
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| 57 | 57 | | 29obtained the required inspections and permits. |
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| 58 | 58 | | 30 SECTION 2. This act shall take effect upon its passage. |
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