Sec. 47-274. Express warranties of quality.
Sec. 47-274. Express warranties of quality. (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;
(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.
(P.A. 83-474, S. 75, 96.)