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Zambrano v. M & RC II LLC

254 Ariz. 53 (2022)

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Zambrano v. M & RC II LLC

Arizona Supreme Court
254 Ariz. 53 (2022)

Facts

Tina Zambrano (plaintiff) purchased a home from M & C RC II, LLC, and Scott Homes Development Company (collectively, Scott Homes) (defendant). The purchase agreement contained a provision stating that a “builder’s warranty” would be issued at closing and that all other warranties—including implied warranties of habitability and workmanship—were disclaimed and waived. After completion of the home, Scott Homes issued a warranty administered by Professional Warranty Services Corporation (PWC). The PWC warranty provided that Scott Homes would undertake various types of specific repairs, mostly within a one-year period, but did not cover workmanship or habitability. Zambrano later brought suit against Scott Homes for breach of the implied warranty of workmanship and habitability, alleging several defects in construction and design. The trial court granted summary judgment in favor of Scott Homes on the ground that any such implied warranty had been waived. The court of appeals reversed. Scott Homes then appealed to the Arizona Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Timmer, J.)

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