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Current as of January 01, 2025 | Updated by Findlaw Staff
A. This article does not apply:
1. To personal injury claims.
2. To death claims.
3. To claims for damage to property other than a dwelling.
4. To common law fraud claims.
5. To proceedings brought pursuant to title 32, chapter 10. 1
6. To claims solely seeking recovery of monies expended for repairs to alleged defects that have been repaired by the purchaser.
B. A dwelling action brought by an association is also subject to title 33, chapter 18. 2
C. After the repair or replacement process has been completed as prescribed by § 12-1363, this article does not affect either party's ability to enforce any commercially reasonable alternative dispute resolution procedures contained in the contract for the sale of the dwelling or an association's community documents. The seller's election to enforce any commercially reasonable alternative dispute resolution procedures contained in the contract for the sale of the dwelling or an association's community documents does not negate, abridge or otherwise reduce the seller's right to repair or replace any alleged construction defects pursuant to § 12-1363. If the contract for the sale of a dwelling contains the procedures, the procedures shall conspicuously appear in the contract in bold and capital letters and a disclosure statement in at least twelve-point font, bold and capital letters shall appear on the face of the contract and shall describe the location of the alternative dispute resolution procedures within the contract.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 12. Courts and Civil Proceedings § 12-1366. Applicability; claims and actions - last updated January 01, 2025 | https://codes.findlaw.com/az/title-12-courts-and-civil-proceedings/az-rev-st-sect-12-1366/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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