Court: Arizona homebuyers entitled to warranty protection even if they don’t seek it

By Howard Fischer | Capitol Media Services

PHOENIX — Homebuilders can’t escape their legal responsibility to create “habitable’’ houses by instead giving buyers a different kind of warranty, the state Court of Appeals has ruled.

The judges acknowledged Tina Zambrano, a homebuyer, signed an agreement with Scott Homes Development Co. that provided for a “limited warranty’’ on the property.

That document said the warranty “is the only warranty applicable to the purchase of the property.’’ And it said that she, as the buyer, “waived any right to any other express or implied warranties dealing with things like habitability and workmanship.’’

But Judge David Gass, writing for the three-judge panel, said her signature on that document is irrelevant.

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