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Under Arizona's Purchaser Dwelling Act (PDA), a purchaser of a residence is barred from filing a construction defect lawsuit until the purchaser gives the seller ? including residential contractors ? reasonable notice of the alleged defects and an opportunity to cure them.
Arizona also has laws specifically for new builds that allows homeowners to pursue claims for any defects in the new build for up to 8 years. There is even an additional year if the defect is not found until the eighth year after the homeowner takes possession of the home.
The Arizona Purchaser Dwelling Actions Act (?PDA?) provides construction professionals with an opportunity to remedy an alleged defect before a homeowner may file a lawsuit.
The right to cure statute ing to FindLaw, Arizona is one of the states that enforces the right to cure for construction claims. This means that before filing a formal lawsuit, you must give the contractor notice of the problem and allow him or her the opportunity to fix it.
A defective title is ownership of property or assets that cannot be legally transferred due to claims by someone else. While the seller has an obligation to present marketable title to real property, the buyer is also responsible for examining any title defects and giving notice of any defect to the seller.
The primary cause of action used in residential construction defect cases is a breach of the implied warranty of habitability. This cause of action allows a homeowner to sue the builder or vendor for construction defects for up to eight years (nine years if the defect is found in the eighth year).