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§1604-112. Express warranties of quality


Published: 2015

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§1604-112. Express warranties of quality






(a) Express warranties made by any seller to a purchaser of a unit, if relied upon
by the purchaser, are only created as follows:






(1) Any written affirmation of fact or promise which relates to the unit, its use,
or rights appurtenant thereto, area improvements to the condominiums that would directly
benefit the unit, or the right to use or have the benefit of facilities not located
in the condominium, creates an express warranty that the unit and related rights and
uses will conform to the affirmation or promise; [1981, c. 699, (NEW).]






(2) Any model or description of the physical characteristics of the condominium,
including plans and specifications of or for improvements, creates an express warranty
that the condominium will substantially conform to the model or description; [1981, c. 699, (NEW).]






(3) Any written description of the quantity or extent of the real estate comprising
the condominium, including plats or surveys, creates an express warranty that the
condominium will conform to the description, subject to customary tolerances; and [1981, c. 699, (NEW).]






(4) A provision that a buyer may put a unit only to a specified use is an express
warranty that the specified use is lawful. [1981, c. 699, (NEW).]






(b) Neither formal words, such as "warranty" or "guarantee," nor a specific intention
to make a warranty, are necessary to create an express warranty of quality, but a
statement purporting to be merely an opinion or commendation of the real estate or
its value does not create a warranty. [1981, c. 699, (NEW).]






(c) Any conveyance of a unit transfers to the purchaser all express warranties of
quality made by previous sellers. [1981, c. 699, (NEW).]





SECTION HISTORY

1981, c. 699, (NEW).