REFERENCE TITLE: contested dwelling actions; recoverable costs

State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016

HB 2490

Introduced by Representative Bowers

 

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, expert witness fees and taxable costs

In any contested dwelling action, the court may award the successful party reasonable attorney fees, reasonable expert witness fees and taxable costs.  If the judgment finally obtained is less than or less favorable than the repairs or replacements and offers made by the seller pursuant to section 12‑1363, the seller is deemed to be the successful party.  If the judgment finally obtained is more favorable than the repairs or replacements and offers made by the seller pursuant to section 12‑1363, the purchaser is deemed to be the successful party.  This section does not alter, prohibit or restrict present or future contracts or statutes that may provide for attorney fees. END_STATUTE