Arizona Laws 41-4036. Repairs; complaints
A. Within ninety days after the end of the cosmetic complaint period the dealer or manufacturer shall repair or replace cosmetic, superficial or minor matters discovered on the walk-through unless an item necessary for the repair or replacement is unavailable and written notice of that fact is provided to the purchaser.
Terms Used In Arizona Laws 41-4036
- 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
- Department: means the Arizona department of housing. 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
- 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
- Workmanship: means a minimum standard of construction or installation reflecting a journeyman quality of the work of the various trades. See Arizona Laws 41-4001
- Writing: includes printing. See Arizona Laws 1-215
B. For cosmetic, superficial or minor matters found after the walk-through and before the one hundred twenty-day deadline, the purchaser shall notify the dealer in writing before a complaint may be filed, except if there are extenuating circumstances, such as serious illness, incapacity or death. The dealer or manufacturer shall replace or repair these items within ninety days after the end of the cosmetic complaint period.
C. The board shall adopt rules establishing procedures for scheduling repair and replacement of complaint items.
D. The purchaser may file a complaint with the department on matters covered by this section if the complaint is filed within the twelve-month period prescribed by sections 41-4004 and 41-4031 and the licensee failed to repair or replace the items within the repair and replacement period or the repair or replacement does not comply with adopted codes or workmanship standards.