HB 2141 Summary

• Requires purchasers to provide written notice by certified mail to sellers before filing dwelling actions, specifying construction defects in reasonable detail.

• Gives sellers 60 days to respond with intent to repair/replace defects at seller's expense or offer monetary compensation; seller voluntarily assumes liability for improper repairs including purchaser's attorney fees and expert witness fees.

• Tolls statutes of limitations and repose during notice and repair process, plus 30 days after completion or rejection of all offers, relating back to the original notice.

• Allows courts to award successful parties reasonable attorney fees, expert witness fees, and taxable costs in contested dwelling actions, with presumption of success based on whether final judgment is more or less favorable than seller's offer.

• Exempts from dwelling action requirements claims involving alternative dispute resolution procedures in sale contracts or community documents, and claims where seller previously refused repair or defect has returned after prior repair.