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How to file a lawsuit in small claims courts in Arizona
Question: We own a rental home in Glendale. Our tenant for the last two years has been great, but there have been constant problems with the septic system. We paid a septic company $4,000 for various repairs, but there were still problems. We hired another septic company, who seem very competent. They immediately said that the septic system needed to be replaced, and could never have been repaired. In other words, they implicitly said that the first septic company ‘stole’ $4,000 from us. Our tenant is very happy with the new septic system. The first septic company has refused to…
Who pays for damage after missed roof inspection?
Question: Last year, we purchased a home in Cave Creek with a beautiful guest casita. Two months after we purchased the home, there was a monsoon storm. To cut to the chase, although we had done a roof inspection, apparently the roof inspection did not include the roof of the guest casita that suffered $30,000 in damages. The roof contractor denies that he was asked to inspect the roof of the guest casita. Our Realtor said he assumed the contractor would inspect the casita roof. The seller of the home did not include on the disclosure statement the $4,000 in roof repairs…
Can you make a neighbor help pay for a new fence?
Question: In a recent Q&A, you said if the wooden fence with your neighbor needed replacement, your neighbor would not need to share the extra cost of an upgraded fence, even if the upgraded fence would improve the value of your neighbor’s home. We live in Show Low in the summers, and recently asked our neighbors to share the cost of replacing the deteriorating wooden fence between us with a new, wooden fence. They refused, and said they would only share the cost of an upgraded iron fence. We paid for a new wooden fence by ourselves rather than battle a…
What are rules for building a fence in an easement area?
Question: We live in a beautiful home near South Mountain Park. The bottom 30 feet of our lot is subject to a utility easement for electrical and telephone lines. Due to increased hiker traffic, and my son recently seeing a mountain lion, we want to install a chain link fence along the bottom of our lot. What will happen to our chain link fence If there is maintenance or repair of the electrical or telephone lines? Answer: Two things will happen, and both are bad! One, the chain link fence will be torn down, and two, you will have to…
Can a homebuilder make exclusions in a home warranty?
Question: We bought a new home on a view lot near North Mountain. After we moved into our new home, we immediately began having problems with the sprinkler system and other exterior water lines. We have a two-year written warranty from our homebuilder so we expected that our homebuilder would do the necessary repairs. When we contacted our homebuilder, our homebuilder’s representative came to our home. He showed us language in our two-year written warranty that specifically excluded “exterior” water lines. Why would “interior” water lines be warranted, but not “exterior” water lines? Is that language enforceable? Answer: Probably not. Under…
How to resolve a dispute with an Arizona contractor
Question: We hired a contractor for $200,000 to build a large aluminum shed in North Phoenix for our construction equipment. After several heated arguments about the quality of the work, the contractor refused to finish the project. We had to pay an additional $60,000 for a different contractor to finish the project. Although we could file a complaint with the Registrar of Contractor’s Office, that complaint will not get our $60,000 back. If we file a lawsuit against the contractor, with court delays and attorney fees, we do not see a happy ending. Any suggestions? Answer: Whether or not your…
Amendments to Contract Require Consideration
Question: Under our January 15 contract with our homebuilder for construction of a new home in Buckeye, we had a closing date of October 15. A month later the homebuilder’s sales agent emailed us that the home should be completed by September 1. In reliance on her email, we “locked in” an interest rate for September 1. The homebuilder, however, failed to complete our new home until the scheduled closing date of October 15. Due to this delay, we lost thousands of dollars because of a higher interest rate. Do we have a claim against the homebuilder based on their…
Subsequent Buyer Can Enforce the Homebuilder’s Warranty
Question: We bought a home in Surprise last year that had been built four years ago. We had a home inspection that discovered some minor problems that our sellers fixed. We have now discovered two significant construction defects, namely, a hole in the roof next to the chimney, and the air conditioning system that does not cool properly in the summer months. The cost for the repair of these two construction defects will be at least $20,000. The sellers have moved back to Illinois, and have not responded to us. After we contacted the homebuilder, they sent their foreman to…
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