12-1366
12-1366. Applicability; claims and actions A. This article does not apply: 1. If a contract for the sale of a dwelling or an association's community documents contain commercially reasonable alternative dispute resolution procedures. If the contract for the sale of a dwelling contains the procedures, the procedures shall conspicuously appear in the contract in bold and capital letters. If the contract for sale of a dwelling contains the procedures, a disclosure statement in at least twelve point font, bold and capital letters shall appear on the face of the contract and shall describe the location of the alternative dispute resolution procedures within the contract. 2. To personal injury claims. 3. To death claims. 4. To claims for damage to property other than a dwelling. 5. To common law fraud claims. 6. To proceedings brought pursuant to title 32, chapter 10. 7. To claims solely seeking recovery of monies expended for repairs to alleged defects that have been repaired by the purchaser. B. A dwelling action brought by an association is also subject to title 33, chapter 18. |