41-4036. Repairs; complaints
A. Within ninety days after the end of the cosmetic complaint period the dealer or manufacturer shall repair or replace cosmetic, superficial or minor matters discovered on the walk-through unless an item necessary for the repair or replacement is unavailable and written notice of that fact is provided to the purchaser.
B. For cosmetic, superficial or minor matters found after the walk-through and before the one hundred twenty-day deadline, the purchaser shall notify the dealer in writing before a complaint may be filed, except if there are extenuating circumstances, such as serious illness, incapacity or death. The dealer or manufacturer shall replace or repair these items within ninety days after the end of the cosmetic complaint period.
C. The board shall adopt rules establishing procedures for scheduling repair and replacement of complaint items.
D. The purchaser may file a complaint with the department on matters covered by this section if the complaint is filed within the twelve-month period prescribed by sections 41-4004 and 41-4031 and the licensee failed to repair or replace the items within the repair and replacement period or the repair or replacement does not comply with adopted codes or workmanship standards.
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