Second Regular Session S.B. 1259
PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1259
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 12, chapter 8, article 14, Arizona Revised Statutes, is amended by adding section 12-1364, to read:
12-1364. Dwelling action; attorney fees, expert witness fees and all costs; prohibited costs
A. In any contested dwelling action, the court shall award the successful party reasonable attorney fees, reasonable expert witness fees and all costs. If the judgment finally obtained is more favorable to the purchaser than any combination of consideration provided or repairs or replacements performed by the seller pursuant to this article, if any, the purchaser is deemed to be the successful party from the date that the purchaser provided a notice pursuant to section 12‑1363, subsection A. If the judgment finally obtained is less favorable to the purchaser than any combination of consideration provided or repairs or replacements performed by the seller pursuant to this article, the seller is deemed to be the successful party from the date that the seller provided a response pursuant to section 12‑1363, subsection C. This section does not alter, prohibit or restrict present or future contracts or statutes that may provide for attorney fees.
Amend title to conform