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resources / Statutes / Purchaser Dwelling Act /§12-1366

Title 12 – Courts and Civil Proceedings

Chapter 8 – Special Actions And Proceedings Relating To Property

Article 14 – Purchaser Dwelling Actions

  • A. This article does not apply:
    • 1. To personal injury claims.
    • 2. To death claims.
    • 3. To claims for damage to property other than a dwelling.
    • 4. To common law fraud claims.
    • 5. To proceedings brought pursuant to title 32, chapter 10.
    • 6. To claims solely seeking recovery of monies expended for repairs to alleged defects that have been repaired by the purchaser.
  • B. A dwelling action brought by an association is also subject to title 33, chapter 18.
  • C. After the repair or replacement process has been completed as prescribed by section 12-1363, this article does not affect either party’s ability to enforce any commercially reasonable alternative dispute resolution procedures contained in the contract for the sale of the dwelling or an association’s community documents. The seller’s election to enforce any commercially reasonable alternative dispute resolution procedures contained in the contract for the sale of the dwelling or an association’s community documents does not negate, abridge or otherwise reduce the seller’s right to repair or replace any alleged construction defects pursuant to section 12-1363.  If the contract for the sale of a dwelling contains the procedures, the procedures shall conspicuously appear in the contract in bold and capital letters and a disclosure statement in at least twelve-point font, bold and capital letters shall appear on the face of the contract and shall describe the location of the alternative dispute resolution procedures within the contract.
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