Tina Zambrano v. M & Rc II LLC

Summary

The court held that a builder-vendor and homebuyer may not disclaim and waive Arizona's implied warranty of workmanship and habitability merely by substituting an express warranty. Because the implied warranty protects against latent defects and serves broader public interests than the express warranty at issue, those interests clearly outweighed enforcement of the contractual waiver. The court reversed the summary judgment, remanded the case, and vacated the court of appeals' opinion.