Sec. 47-117. Express warranties.
Sec. 47-117. Express warranties. (a) Express warranties by a vendor are created
as follows: (1) Any written affirmation of fact or promise which relates to the improvement and is made a part of the basis of the bargain between the vendor and the purchaser
shall create an express warranty that the improvement conforms to such affirmation or
promise; (2) any written description of the improvement, including plans and specifications thereof which is made a part of the basis of the bargain between the vendor and
the purchaser shall create an express warranty that the improvement conforms to such
description; and (3) any sample or model which is made a part of the basis of the bargain
between the vendor and the purchaser shall create an express warranty that the improvement conforms substantially to such sample or model.
(b) No formal words, such as "warranty" or "guarantee", nor any specific intention
to make a warranty shall be necessary to create an express warranty, provided a simple
affirmation of the value of the improvement or a statement purporting to be an opinion
or commendation of the improvement shall not of itself create such a warranty.
(c) No words in the contract of sale or the deed, nor merger of the contract of sale
into such deed shall exclude or modify any express warranty made pursuant to subsection
(a) of this section. Such warranty may, at any time after the execution of the contract
of sale, be excluded or modified wholly or partially by any written instrument, signed
by the purchaser, setting forth in detail the warranty to be excluded or modified, the
consent of the purchaser to such exclusion or modification and the terms of the new
agreement.
(d) An express warranty shall terminate: (1) In the case of an improvement completed at the time of the delivery of the deed to the purchaser, one year after the delivery
or one year after the taking of possession by the purchaser, whichever occurs first; and
(2) in the case of an improvement not completed at the time of delivery of the deed to
the purchaser, one year after the date of the completion or one year after taking of
possession by the purchaser, whichever occurs first.
(P.A. 75-637, S. 2.)
Cited. 196 C. 509. Cited. 232 C. 666.
Subsec. (a):
Subdiv. (1) cited. 11 CA 289.
Subsec. (c):
Clear language of subsec. precluded finding that express new home warranties were effectively disclaimed by language
in sales contract. 62 CA 113.