Question: My husband and I bought a new home in Anthem
almost one year ago. We have not had any problems yet, but there
are a few minor things that we have noticed that we will bring
to the builder’s attention prior to the one-year anniversary.
Is it necessary, or a good idea, to get a home inspection prior
to the one-year anniversary for things that my husband and I may
not see?
Answer: An inspection by a competent home inspector is
an excellent idea before the one-year anniversary (which I assume
is the time period for your builder’s express warranty for construction
defects). You need to know, however, that your builder’s liability
for construction defects extends beyond the builder’s express
warranty, inasmuch as a builder in Arizona has liability by implied
warranty for construction defects. The time period for any breach
of this implied warranty by the builder is six years after discovery
of the construction defect, but no more than eight years after
completion of the home. In other words, if a homeowner discovers
a construction defect after three years, and the builder refuses
to repair the construction defect, the homeowner will only have
five years to file a lawsuit against the builder for the cost
to repair the construction defect. The protection of this implied
warranty cannot be waived and is available not only to the original
purchaser of the home, but to all subsequent purchasers of the
home. Note: The Registrar of Contractors has jurisdiction over
construction defects up to two years after completion of the home.
The Registrar of Contractors cannot award monetary damages, however,
but can only take administrative action such as revocation of
the builder’s license.
