448.4-113. Express warranties of quality.
Express warranties of quality.
448.4-113. 1. Express warranties made by any seller to apurchaser of a unit, if relied upon by the purchaser, are createdas follows:
(1) Any affirmation of fact or promise which relates to theunit, its use, or rights appurtenant thereto, area improvementsto the condominium which would directly benefit the unit, or theright to use or have the benefit of facilities not located in thecondominium, creates an express warranty that the unit andrelated rights and uses will conform to the affirmation orpromise;
(2) Any model or description of the physical characteristicsof the condominium, including plans and specifications of or forimprovements, creates an express warranty that the condominiumwill conform to the model or description;
(3) Any description of the quantity or extent of the realestate comprising the condominium, including plats or surveys,creates an express warranty that the condominium will conform tothe description, subject to customary tolerances; and
(4) A provision that a buyer may put a unit only to aspecified use is an express warranty that the specified use islawful.
2. Neither formal words, such as "warranty" or "guarantee",nor a specific intention to make a warranty, are necessary tocreate an express warranty of quality, but a statement purportingto be merely an opinion or commendation of the real estate or itsvalue does not create a warranty.
3. Any conveyance of a unit transfers to the purchaser allexpress warranties of quality made by previous sellers.
(L. 1983 H.B. 177)