Ariz. Supreme Court Allows Homebuyer's Warranty Claim

PHOENIX - The Arizona Supreme Court has reversed lower courts in holding that condominium buyers can bring breach of implied warranty claims against a builder despite the lack of contractual liability. The Lofts at Fillmore Condominium Association v. Reliance Commercial Construction Inc., No. CV-07-0416-PR (Ariz. Sup. Ct.).

The high court said in its en banc opinion on Aug. 19 that, despite the builder's arguments, it was not imposing liability where none existed before.

The Lofts at Fillmore Condominium Association, made up of individual condo owners, sued The Lofts at Fillmore LLC, the developer, and Reliance Commercial Construction Inc., the builder, …