Christopher A. CombsQuestion: We bought a new home in metro Phoenix four years ago. At the close of escrow, we received a two-year written warranty from our homebuilder. After a rainy night, some roof materials were blown away, exposing rot underneath. When we contacted our homebuilder’s sales agent about fixing our roof, she said that any roof repairs now are not covered by our two-year written warranty. Is our homebuilder required to make these roof repairs?Answer: Most homebuilders give only a one- or two-year written warranty for construction defects, just like a one- or two-year written warranty for automobile tires or an automobile battery. Unlike warranties for automobile tires and batteries, an Arizona homebuilder also has an eight-year implied warranty of proper construction. See A.R.S. § 12-552. In other words, if your roof problems could be due to a construction defect, your homebuilder has an obligation to inspect your roof and, if there is a construction defect, to fix your roof.Note: Under English common law since the 1600s, the builder of a cottage or a castle was required in perpetuity to repair any defects in the construction of the cottage or castle. The Arizona Court of Appeals followed English common law and required a homebuilder to repair defective stucco on a home 12 years after construction. The Arizona Legislature then limited a homebuilder’s implied warranty to repair construction defects to eight years. See A.R.S. § 12-552.Contact real estate attorney Christopher A. Combs at azrep@combslawgroup.com. …
See the full Home Prices article, or, read more Arizona real estate investing news. Go ahead. You know you want to.
