News & Analysis as of

Construction Defects Home Buyer

Winstead PC

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration...

Winstead PC on

While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more

White and Williams LLP

Public Policy Prevails: Homebuilders and Homebuyers Cannot Agree to Disclaim Implied Warranty of Habitability in Arizona

White and Williams LLP on

In Zambrano v. M & RC II LLC, et al., 2022 Ariz. LEXIS 309, the Supreme Court of Arizona held that a homebuilder and homebuyer could not waive or disclaim the implied warranty of workmanship and habitability. While the court...more

Lasher Holzapfel Sperry & Ebberson PLLC

Buying a New Home? What To Know Before Making An Offer

Buying a home remains one of the largest financial commitments and personal goals in an individual’s life. However, in the current market buyers are moving quickly, making large cash offers above-asking value and waiving...more

Perkins Coie

Newly Revised Arizona Purchaser Dwelling Act Changes Rules for Construction Defect Claims

Perkins Coie on

When the Arizona Legislature enacted the Purchaser Dwelling Act (the "Act") in 2002, it imposed various pre-litigation notice and inspection requirements on purchasers and homeowners’ associations before they could file a...more

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