On June 12, 2020, the Superior Court of Arizona, Maricopa County, issued an Order granting a motion for summary judgment filed by Lipson Neilson attorney Corey Richter. This case involved home improvements done prior to the sale of the home, Mr. Richter represented the seller.
As part of the sales process the buyers submitted an inspection notice to the seller that requested specific repairs be done to the house before the sale. Included on this list was repairs to the roof.
The seller agreed to correct the roof issues identified in the sellers inspection notice and hired a company to do the work.
After the roof work was done, the buyers had the home re-inspected. The report from this inspection did not mention any issues with the recently done roof work.
Shortly after this re-inspection, the buyers submitted a pre-closing walkthrough representing that “any corrections or repairs agreed to by the seller have been completed…”
A couple days later, the buyer and seller closed the sale of the home. In the closing escrow, the buyer contractually warranted to the seller that the buyer has conducted all desired independent inspections and investigations and accepts the premises.
Eighteen months later, the buyer experienced issues with the roof and alleged that the seller breached the purchase contract by failing to correct the roof issues.
Ultimately, the Court agreed with the arguments made by Lipson Neilson attorney Corey Richter and issued the Order granting the seller’s Motion for Summary Judgment.
To learn more about this case please contact Corey Richter: