Overview
Century Communities operates in Arizona primarily in the Phoenix metropolitan area and Tucson, with communities targeting a range of buyers from entry-level through move-up in Maricopa and Pima counties.
Arizona's Purchaser Dwelling Act, the state's contractor licensing requirements through the Registrar of Contractors, and implied warranty protections create the legal framework for Century Communities buyers.
How Arizona Law Affects Your Contract
The following analysis examines how Century Communities's documented contract patterns interact with Arizona consumer protection law.
Purchaser Dwelling Act
Arizona's Purchaser Dwelling Act (A.R.S. § 12-1361 et seq.) requires homeowners to provide written notice to the builder and allow a 90-day inspection and repair opportunity before filing a construction defect lawsuit. This statutory requirement applies regardless of contract terms.
Implied Warranty of Habitability
Arizona recognizes an implied warranty of habitability for new residential construction (Columbia Western Corp. v. Vela, 122 Ariz. 28, 1979). Century's habitability waiver (HAB-001) may face enforceability challenges under Arizona law.
Arbitration Enforceability
Arizona courts generally enforce arbitration clauses under the Federal Arbitration Act. Century's JAMS arbitration clause (ARB-001) and class action waiver (CLA-001) are subject to unconscionability analysis under Arizona law.
Consumer Fraud Act
Arizona's Consumer Fraud Act (A.R.S. § 44-1521 et seq.) prohibits deceptive or unfair practices. Misrepresentations about Inspire Home Loans financing or material substitutions (MAT-001) may be subject to claims under this statute.
Arizona Legal History
No state-specific litigation involving Century Communities in Arizona has been identified in public records as of this writing.
Relevant Arizona Laws
Requires homeowners to provide written notice to the builder at least 90 days before filing a construction defect lawsuit, with the builder having an opportunity to inspect and offer a repair.
Arizona courts recognize an implied warranty that new homes will be constructed in a workmanlike manner and be fit for habitation.
Prohibits deception, fraud, and misrepresentation in the sale of goods and services, including residential real estate. Provides for actual damages and attorney fees.
Arizona Key Facts
- 1Arizona requires 90 days' written notice to the builder before filing a construction defect lawsuit.
- 2The statute of limitations for construction defect claims is generally 8 years from substantial completion.
- 3Arizona courts recognize an implied warranty of habitability for new construction.
- 4Mandatory arbitration clauses are generally enforceable in Arizona.
- 5Arizona's Registrar of Contractors (ROC) licenses and regulates residential builders.
- 6Buyers should verify a builder's ROC license status before signing a purchase agreement.
What Arizona Buyers Should Know
- Know the 90-day right to repair notice. Arizona's Purchaser Dwelling Act requires 90 days' written notice to the builder before filing a construction defect lawsuit. Document all defects and send notice via certified mail.
- Compare Inspire Home Loans with independent lenders. Century may offer incentives to use Inspire Home Loans. Compare total loan costs with at least two independent lenders.
- Insist on an independent home inspection. Negotiate for inspection access if the contract restricts it (INS-001). Given Century's documented defect history, an independent inspection is important.
- Verify the builder's license with the Registrar of Contractors. Arizona requires contractors to be licensed. Verify Century's license status and check for complaints or disciplinary actions.