REFERENCE TITLE: purchaser dwelling actions; attorney fees

State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018

HB 2507

Introduced by Representative Mitchell

 

AN ACT

 

amending title 12, chapter 8, article 14, Arizona Revised Statutes, by adding section 12‑1364; relating to purchaser dwelling actions.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 12, chapter 8, article 14, Arizona Revised Statutes, is amended by adding section 12-1364, to read:

START_STATUTE12-1364.  Dwelling action; attorney fees

Notwithstanding any other law, in a contested dwelling action that is based on an implied warranty arising out of the contract or the construction, including an implied warranty of habitability, fitness or workmanship, each party shall bear its own attorney fees.  This section does not alter, prohibit or restrict present or future contracts that may provide for the recovery of attorney fees. END_STATUTE

Sec. 2.  Retroactivity

This act applies retroactively to from and after July 3, 2015.

Sec. 3.  Severability

If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.