Cited by

§ 44-1522(A), meaning there must be a sale between the parties or an advertisement in relation to a sale between the parties, see Sullivan v. Pulte 4 ANDRICH v. BRENNAN, et al. Decision of the Court Home Corp., -61, ¶¶ 36-37 (App. 2012), vacated in part by, ¶ 15 (2013) (vacating ¶¶ 24-31).

habitability claim.” ¶ 49 (App. 2012), vacated in part on other grounds by ¶ 15 (2013).

See, ¶ 10 (2013) (illustrating the Court aligning its opinion “with the most recent draft of the Restatement” (citing Restatement (Third) of Torts: Liability for Economic Harm § 3 cmt.

Also, to be subject to consumer protection claims, the defendant must be “a party to the original transaction.” –61, ¶¶ 36–38 (App. 2012), vacated in part on other grounds

See Sirrah Enters., ¶ 8 (2017); ¶ 12 (2013).

¶ 9 (2013); Flagstaff Affordable Housing Ltd. P’ship v. Design Alliance, Inc., ¶ 11 (2010).

See Sullivan v. Pulte Home Corp. (Sullivan II), ¶ 13 (2013) (“[The] law imputes [the] warranty into [a] construction contract and allows subsequent purchasers a cause of action.” (citing Woodward, 141 Ariz. at 516)).

¶14 To support its contrary argument, Sirrah cites to this Court’s P.3d 446 (App. 2012), affirmed in part and vacated in part on other grounds, P.3d 1 (2013), for the proposition that a claim for breach of the implied warranty of workmanship and habitability does not arise out of or enforce a contract.

¶ 38 (noting plaintiff homeowners had no transaction with homebuilder), vacated in part on other grounds, P.3d 1 (2013).

P. 12(b)(6), we “describe the facts as alleged in the complaint and assume them to be true for purposes of our review.” ¶ 2

¶¶ 30-31 , vacated in part

¶ 9, Flagstaff Affordable Housing Ltd. P’ship v. Design Alliance, Inc., ¶ 11

¶ 9, vacated in part on other grounds, MACH v. STATE, et al. Decision of the Court see also State ex.

¶8 “Arizona’s economic loss doctrine limits contracting parties to their agreed upon remedies for purely economic losses.” ¶ 1, see also Flagstaff Affordable Hous.

¶ 45 , vacated in part on other grounds

Co., (implied warranty rights can be assigned to third party); ¶¶ 13-14, (neither statute of repose nor economic loss doctrine bars tort claims brought against builders by non-contracting homeowners).