When you buy a new home from a developer, Arizona law mandates that it must be habitable and fit for its intended purpose. In legal terms, this is known as an “implied warranty of good workmanship.”
If you do find some defects after moving in, there are specific procedures you have to follow — along with a time limit– to either solve the problems or protect your right to pursue a legal claim. Under Arizona law, you need to provide the developer with written notice of the defects at least 60 days before filing a lawsuit. The developer must have the chance to resolve the defects within a reasonable period of time — usually 30 days — before you are able to file suit. Nevertheless, the timing to make repairs could change based on whether permits are needed. If so, repairs have to be accomplished “within a commercially reasonable time frame.”
