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A 2302

Establishes an implied warranty that new homes shall be free from mold caused by defective workmanship

2025 Regular Session Introduced by Emily Gallagher

Implied warranty for new homes that they are free of mold caused by defective workmanship, shifting mold liability from buyers to builders/contractors.

REFERRED TO CONSUMER AFFAIRS AND PROTECTION
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Bill Summary · A 2302

Summary of Bill A 2302

Establishes an implied warranty that new homes shall be free from mold caused by defective workmanship

Overview

  • Bill number: A 2302
  • Title/Purpose: Establishes an implied warranty that new homes shall be free from mold caused by defective workmanship. The bill aims to protect homebuyers by ensuring mold issues arising from construction defects aren’t borne by buyers after purchase.
  • Sponsor: Emily Gallagher (primary)
  • Status: Referred to the Committee on Consumer Affairs and Protection.
  • Introduced: January 16, 2025
  • Related bill: A 6104 (prior-session)

What the bill would do

  • Create an implied warranty for newly constructed residential homes.
  • The warranty would cover mold that is caused by defective workmanship in the construction of the home.
  • By establishing this warranty, buyers of new homes could have a remedy if mold arises due to construction defects, shifting some risk from homeowners to builders/contractors.

Key provisions and changes (as indicated by the bill’s purpose)

  • Implicit guarantee by builders that new homes are free from mold resulting from defective workmanship.
  • The scope is limited to mold issues attributable to construction defects (not necessarily mold from other causes unrelated to workmanship).
  • The bill would likely outline remedies and enforcement mechanisms, though specific remedies, time limits, and procedural steps are not provided in the available information.

Who would be affected

  • Homebuyers of new residential properties: Potentially eligible to claim under the implied warranty for mold caused by defective workmanship.
  • Builders, contractors, and subcontractors: Potentially subject to warranty claims and implied warranty obligations arising from construction defects.
  • Real estate professionals and inspectors: May need to address mold risk disclosures, inspection standards, and potential warranty considerations.
  • Insurance and warranty providers: Could see changes in coverage or claims related to mold defects in new homes.

Procedural and timeline aspects

  • Introduced and referred to Consumer Affairs and Protection on January 16, 2025.
  • The bill is at the committee stage; no further action dates (hearing, voting timeline) are provided in the summary.
  • Referred to the same committee on the same date appears twice in the record.

Notes and context

  • The bill text would specify details such as the duration of the implied warranty, procedures for asserting a claim, standard of defect, exemptions, remedies, and enforcement. These specifics are not included in the provided information.
  • The related prior-session bill A 6104 may contain complementary or earlier-sought provisions relevant to this concept.

If you’d like, I can tailor this summary to emphasize consumer impact, potential legal standards, or compare with existing warranty frameworks in your jurisdiction.

Compiled from official sources — confirm details with the bill’s official record.

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