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My folks had a frame and stucco home built 18 years ago. My…

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My folks had a frame...
My folks had a frame and stucco home built 18 years ago. My father has passed away and my mother has been moved to an assessed living facility. In the process of preparing their home for sale we had an huge rain storm a couple weeks back (Tucson, Az.). Water was noticed at the baseboards under a number of windows. Cutting through the interior dry wall it was found the window flashing was behind the tar paper (providing a direct path for water into the home. Multiple walls under windows were opened, all revealed the same obvious construction defect. The builder was contacted, they looked at the flashing/tar paper arrangement and agreed it was wrong, BUT, said they have no liability because it's been 18 years. Is it true the builder (who agreed the window install was incorrect) has no liability? Is it true I, the home owner, has absolutely no legal recourse against the builder?
Submitted: 2 years ago.Category: Real Estate Law
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1/23/2016
Real Estate Lawyer: Roger, Lawyer replied 2 years ago
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,949
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'm a construction litigation attorney. I'll be glad to assist.

Unfortunately, what the contractor has told you is correct. Under Arizona law, there is a 9 year statute of repose.....which means that the contractor is not liable/cannot be sued after 9 years from the date of completing the project has passed. Here's a link to the statute: http://www.azleg.state.az.us/ars/12/00552.htm

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

Thus, if you were to sue, the contractor should be able to have the case dismissed due to the expiration of the statute of response above.

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

Had this been discovered and a suit been filed within the repose period, you'd have a solid claim and the possibility to recover would be great.

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

I'm sorry that the news isn't better, but I'd rather be honest about your situation.

If you need anything further, please let me know. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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