Sec. 47-274. Express warranties of quality.
294 words·~1 min read·
/ct/title-47/chapter-828-common-interest-ownership-act/47-274·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Express warranties made by any seller to a purchaser of a unit, if relied on by the purchaser, are created as follows:
(1)Any affirmation of fact or promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the common interest community that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the common interest community, creates an express warranty that the unit, area improvements and related rights and uses will conform to the affirmation or promise;
(2)Any model or description of the physical characteristics of the common interest community, including plans and specifications of or for improvements, creates an express warranty that the common interest community will substantially conform to the model or description unless the model or description clearly discloses that it is only proposed or is subject to change;
(3)Any description of the quantity or extent of the real property comprising the common interest community, including surveys, creates an express warranty that the common interest community will conform to the description, subject to customary tolerances; and
(4)A provision that a purchaser may put a unit only to a specified use is an express warranty that the specified use is lawful.
(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 property or its value does not create a warranty.
(c)Any conveyance of a unit transfers to the purchaser all express warranties of quality made by previous sellers only to the extent such a conveyance would transfer warranties pursuant to chapter 827.