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Arizona Real Estate Law
by Christopher A. Combs
The following is for informational purposes
only and is not intended as definitive legal or tax advice. You
should not act upon this information without seeking independent
legal counsel. If you desire legal, tax or other professional advice,
please contact your attorney, tax advisor or other professional
consultant.
Recourse Available For Defective Construction of New Home
Question: I live in a Gilbert subdivision in which the homes were built four to five years ago. Many of the homes in the neighborhood have horrible paint jobs with faded spots, large streaks, etc. When I contacted the builder I was told that the warranty on the home was only for one year. Do we have any recourse now for this horrible paint job?
Answer: The builder has apparently furnished a one-year express warranty for any defective construction in the home. A homeowner can complain to the Registrar of Contractors for defective construction in the home within two years of completion of the home. In addition to any builder’s express warranty and Registrar of Contractors claim, however, there is the builder’s implied warranty of proper construction. Under this implied warranty of proper construction, a homeowner has the right to file a claim for damages against the builder for a minimum of six years after completion of construction. Therefore, if the paint on the homes in your subdivision should normally last more than four to five years, you should have a claim now against the builder for the cost to re-paint the homes.
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