Sec. 47-118. Implied warranties.
Sec. 47-118. Implied warranties. (a) In every sale of an improvement by a vendor
to a purchaser, except as provided in subsection (b) of this section or excluded or modified pursuant to subsection (d) of this section, warranties are implied that the improvement is: (1) Free from faulty materials; (2) constructed according to sound engineering
standards; (3) constructed in a workmanlike manner; and (4) fit for habitation, at the
time of the delivery of the deed to a completed improvement, or at the time of completion
of an improvement not completed when the deed is delivered.
(b) The implied warranties of subsection (a) of this section shall not apply to any
condition that an inspection of the premises would reveal to a reasonably diligent purchaser at the time the contract is signed.
(c) If the purchaser, expressly or by implication, makes known to the vendor the
particular purpose for which the improvement is required, and it appears that the purchaser relies on the vendor's skill and judgment, there is an implied warranty that the
improvement is reasonably fit for the purpose.
(d) Neither words in the contract of sale, nor the deed, nor merger of the contract
of sale into the deed is effective to exclude or modify any implied warranty; provided,
if the contract of sale pertains to an improvement then completed, an implied warranty
may be excluded or modified wholly or partially by a written instrument, signed by the
purchaser, setting forth in detail the warranty to be excluded or modified, the consent
of the purchaser to exclusion or modification, and the terms of the new agreement with
respect to it.
(e) The implied warranties created in this section 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. 3; P.A. 07-217, S. 178.)
History: P.A. 07-217 made technical changes in Subsec. (a), effective July 12, 2007.
Cited. 196 C. 509. Cited. 212 C. 816. Cited. 215 C. 286. Cited. 232 C. 666.
Cited. 7 CA 435. Cited. 19 CA 280. Cited. 26 CA 601.
Subsec. (a):
Cited. 11 CA 289.
Subsec. (c):
Cited. 11 CA 289.
Subsec. (d):
Language of purported disclaimer of implied new home warranties fell so far short of complying with disclaimer
provisions that court determined "it warrants no further discussion". 62 CA 113.
Subsec. (e):
Statutory one-year limitation relates to the time within which a cause of action must arise, not to the time within which
an implied warranty action must be commenced. 196 C. 509.