A. The seller may maintain an action against any person, including the purchaser, for a claim for relief if damages or injury occurs, or may occur, to the property, including without limitation, an action for damages, or to prevent any of the following:

Terms Used In Arizona Laws 33-749

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215

1. Physical abuse to or distribution of the property.

2. Waste.

3. Impairment of security provided by the contract.

B. An action for recovery of damages under subsection A of this section may be maintained:

1. At any time before the seller elects to forfeit or foreclose the purchaser’s interest in the property.

2. Within ninety days after completion of a forfeiture of the purchaser’s interest in the property as provided by section 33-745.

3. In conjunction with completion of a forfeiture of the purchaser’s interest in the property as provided by section 33-744.

4. In conjunction with the seller foreclosing the contract as a mortgage as provided for in section 33-748.

C. The remedies provided by this article are in addition to and do not preclude any other remedy granted either by the contract or by law which is not inconsistent with this article.

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