Gines v. D.R. Horton, Inc., et al, No. 12-30183 (5th Cir. 2012)
Annotate this CaseThis case concerned the remedy under Louisiana law for the purchaser of a newly constructed home with a construction defect that has not resulted in actual physical damage to the home. The court held that the Louisiana New Home Warranty Act, La. Rev. Stat. Ann. 9:3141, 9:3150, provided the exclusive remedy against a builder for a purchaser of a new home. The court also held that a claim brought under the Act must allege that the defect in question resulted in actual physical damage to the home. Accordingly, the court affirmed the judgment of the district court dismissing the case.
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