Legal Question in Real Estate Law in Arizona
Home Improvement and Statue of Limitations
As a homeowner, if you do a home improvement project and it was not done correctly to meet the local buidling code and National Electric Code and you are later divorced, and the wife keeps the house, and she knows of the defects, is there a Statue of Limitations to where the ex-husband is no longer liable for the defects if when the wife goes to sell the house and she ignores the defects and there is a problem or a mishap at some later date after the house is sold?
1 Answer from Attorneys
Re: Home Improvement and Statue of Limitations
The owner of a home has an obligation to disclose known defects to the buyer. If you are not an owner when your wife sells the home, then you have no obligation to the buyer. To protect yourself from potential, but unlikely, claims from your wife against you, it might be wise to get her to sign a written statement describing and acknowledging the defects.