Arizona Laws 41-4032. Cosmetic complaints; process; walk-through; definition
A. Notwithstanding sections 41-4004 and 41-4031, a purchaser of a new manufactured home shall file a complaint concerning cosmetic, superficial or minor matters relating to the manufactured home no more than one hundred twenty days after the date of installation or the designated cosmetic complaint date prescribed in section 41-4033.
Terms Used In Arizona Laws 41-4032
- Board: means the board of manufactured housing. See Arizona Laws 41-4001
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dealer: means any person who sells, exchanges, buys, offers or attempts to negotiate or who acts as an agent for the sale or exchange of factory-built buildings, manufactured homes or mobile homes except as exempted in section 41-4028. See Arizona Laws 41-4001
- Defect: means any defect in the performance, construction, components or material of a unit that renders the unit or any part of the unit unfit for the ordinary use for which it was intended. See Arizona Laws 41-4001
- Director: means the director of the department. See Arizona Laws 41-4001
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Installation: means :
(a) Connecting new or used mobile homes, manufactured homes or factory-built buildings to on-site utility terminals or repairing these utility connections. See Arizona Laws 41-4001
- Manufactured home: means a structure built in accordance with the act. See Arizona Laws 41-4001
- Manufacturer: means any person that is engaged in manufacturing, assembling or reconstructing any unit regulated by this chapter. See Arizona Laws 41-4001
- Minor: means a person under eighteen years of age. See Arizona Laws 1-215
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Purchaser: means a person purchasing a unit in good faith from a licensed dealer or broker for purposes other than resale. See Arizona Laws 41-4001
B. The director shall not process or verify a complaint described in subsection A of this section if the complaint is filed more than one hundred twenty days after the date of installation or the designated cosmetic complaint date prescribed in section 41-4033, unless the director finds, after written notice to the interested parties, that the complaint involves major or structural matters relating to the manufactured home.
C. The board shall adopt rules establishing procedures for complaints filed pursuant to this section, including rules for determining the date of installation of a new manufactured home.
D. This section does not apply if, within thirty days after the date of installation or the designated cosmetic complaint date prescribed in section 41-4033, the manufacturer or dealer of the new manufactured home has not conducted a walk-through of the home with the purchaser or the purchaser’s representative and has not completed a walk-through checklist on a form approved by the board. The walk-through checklist form shall contain a notice to the purchaser, located immediately above the signature lines and in bold print, advising the purchaser that all cosmetic, superficial or minor matters found during the walk-through should be listed on the form and that the complaint filing period for cosmetic, superficial or minor matters is one hundred twenty days from either the date of installation of the home or the designated cosmetic complaint date prescribed in section 41-4033.
E. For the purposes of this section, "cosmetic, superficial or minor matters" means any defect or condition that renders a part of the home not fit for its intended, expected or ordinary use or appearance, including defects or conditions that involve the appearance of the home’s structural, electrical, plumbing, mechanical or gas systems. Cosmetic, superficial or minor matters do not include defects or conditions involving the performance of the home’s structural, electrical, plumbing, mechanical or gas systems.