The seller has roof leaks and hires a contractor to do the roof repairs. The contractor does the roof repairs and the seller pays the contractor’s bill. The seller later sells the home to a buyer. Six months after the close of escrow, the roof leaks which causes major damage to the buyer’s home. The buyer conducts an investigation, and learns that the roof repairs by the seller’s contractor were not properly done. The seller’s contractor says that, even if the roof repairs were not properly done, the seller’s contractor has no liability to the buyer because the seller’s contractor only had a contract with the seller, and did not have a contract with the buyer. Does the buyer have a claim against the seller’s contractor for improper roof repairs?
Yes. Under Arizona law a seller’s contractor hired to do repairs on a home warrants those repairs for up to 8 years to not only the seller, but to any subsequent buyers of the home. See Lofts at Fillmore Condominium Ass’n V. Reliance Commercial Construction, 218 Ariz. 574 (2008); A.R.S. § 12-552.