Section 5.9.2.1.3 Response by Seller/Builder

• Library: Construction Law Practice Manual 3rd Edition 2016

§ 5.9.2.1.3 Response by Seller/Builder

A.R.S § 12-1363(C) states that within 60 days after receipt of the Notice, the Seller must send to the Purchaser a good faith, written response by certified mail, return receipt requested. The response may include a notice of intent for the Seller to repair or replace any alleged Construction Defects, to have the alleged defects repaired by another party at the Seller’s expense, or to provide monetary compensation directly to the Purchaser. The written Notice of Intent to Repair or Replace must describe in reasonable detail all repairs or replacements that the Seller intends to make or provide to the dwelling and a reasonable estimate of the date the repairs or replacements will be made. The Statute makes clear that the Seller is not prohibited from offering monetary compensation or other consideration instead of, or in addition to, a repair or replacement. A Purchaser may accept or...