This proposition would create a “Homeowners’ Bill of Rights,” in response to the 2002 law that supposedly gives too much power to the homebuilders whenever buyers have a complaint about a new home. This proposition would create a mandatory 10 year warranty on all new homes, and it would eliminate the current “loser pays” system of court fees that serve to discourage frivolous lawsuits. Unions and trial attorneys favor it. Homebuilders oppose it.Overview
~45% support. I recommend a NO vote.
~There are things here I love, but there are things that worry me, too, and it seems like an improperly and hastily formed Proposition.
Description
~Every home would come with a 10 year warranty for materials and workmanship, transferable to any subsequent owner.
~Shorten complaint times to 60 days (from 90) and response time to 30 days (from 60) required before filing a legal case against the builder.
~Upon complaint, an outside inspection is required.
~Prohibit outside mediation agreements.
~Get three different contractors to bid on the job, at the discretion of the buyer.
~Advertised base price must reflect all fixtures and features of the model home.
~Replaces requirement of detailed problems lists with plain language lists.
~AZROC must keep a 10 year database of complaints
~Builders must disclose relationships with financial institutions.
~Get back 95% of your deposit within 100 days of a contract signed on new construction.
~Builder must pay for experts and legal fees if they lose in court.
~Eliminates frivolous lawsuit provisions that can turn against the buyer for court costs. Removes “loser pays” for the buyer.
~Allows even prospective buyers to bring suit.
For
~Shouldn’t your house come with at least as good a warranty as your car?
~Homebuilders must correct defects or compensate buyers.
~Buyers should get a say in who does the repairs.
~My own experience with a home that was made but had defects that we didn’t notice until we were in it already.
~Improves leverage when dealing with home builders.
~Bad for AZ economy to give a fair deal to home buyers?
~Current law discourages lawsuits because you can wind up paying court costs if lose.
~Will allow class action suits against builders.
~Anyone building a quality home at a fair price dealing honestly with people shouldn’t object to this.
~This undoes the damage created by the 2002 law urged through by homebuilders advocates.
~Deceptive tactics are particularly odious in retirement communities.
~Prospective buyers suits make sense to find out who’s going to pay.
~Everything won’t have to go to court, only if the builder doesn’t deal with the problem quickly.
~You can’t agree to arbitration in sales contract, but you can certainly do so on your own if you want to.
Against
~Costly—inspections and experts cost money.
~Home builders are suffering right now.
~Bad for AZ economy.
~100 days is a long time to give a “whoops, I chaned my mind” clause.
~Could/would lead to unionized construction industry.
~Forbids private arbitration without court
~Will waste taxpayer money.
~Great for trial lawyers.
~Loser pays system means that people only go when they have a real claim.
~Loser pays gives both parties an incentive to do right and keep costs down.
~Too much power will be given to home buyers.
~Everyone will pay for this in the cost of homes sold.
~Drafted in private without public discussion, unamendable.
~It could be held to cover resellers and current owners of homes. And if held so, it would mean a ten year warranty had to be included in every sale of a home. Two bits of language seem to indicate this wouldn't happen, but I'm not 100% assured by the ambiguity.
~Current law gives an implied 8 year warranty, so this only increases it by 2 years.
No comments:
Post a Comment