When you buy a home in Arizona, you can expect that it will be in good condition and that it will be fit for its intended purpose. This is because of the implied warranty of merchantability, which is a legal warranty that is implied in all contracts for the sale of goods.

The implied warranty of merchantability requires that the seller deliver the goods to the buyer in a condition that is:

• Conformable to the description of the goods in the contract.
• Merchantable, which means that the goods are fit for the ordinary purposes for which they are used.
• Free from defects that materially impair the value of the goods.

In the context of real estate, the implied warranty of merchantability means that the seller must deliver the home to the buyer in a condition that is:

• Structurally sound.
• Free from major defects that affect the safety or habitability of the home.
• Consistent with the representations made by the seller in the listing and sales contract.

If the seller breaches the implied warranty of merchantability, the buyer may have a number of legal remedies, including:

• The right to rescind the contract and receive a refund of the purchase price.
• The right to demand that the seller repair or replace the defective goods.
• The right to seek damages for the difference between the value of the goods as delivered and the value of the goods as warranted.

In Arizona, the implied warranty of merchantability cannot be waived or disclaimed by the seller. This means that even if the sales contract includes a provision that waives or disclaims the implied warranty, the provision is unenforceable.

How to protect yourself as a homebuyer

To protect yourself as a homebuyer, it is important to have a home inspection performed by a qualified inspector before you close on the purchase. The home inspector will identify any defects in the home, so that you can make an informed decision about whether to proceed with the purchase.

If the home inspection reveals any defects, you should negotiate with the seller to have the defects repaired before you close on the purchase. If the seller is unwilling or unable to repair the defects, you may want to reconsider purchasing the home.

If you do decide to purchase the home despite the defects, you should make sure that the sales contract includes a provision that requires the seller to repair the defects within a certain period of time after closing. You should also make sure that the sales contract includes a provision that allows you to rescind the contract and receive a refund of the purchase price if the seller fails to repair the defects.

Conclusion

The implied warranty of merchantability is an important protection for homebuyers in Arizona. By understanding your rights under this warranty, you can better protect yourself and your investment.

Contact our Arizona litigation firm today for a free consultation. We can help you navigate the legal system and protect your rights. A good lawyer can help you get the justice you deserve. Contact Bill today by calling 602-319-6899 to ensure your legal needs are conducted with confidence and legal clarity. Some of the issues covered under trial work and business law that our firm regularly handles involve:

Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow.

https://law.justia.com/codes/arizona/2015/title-47/section-47-2314

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