TITLE 34
Property

CHAPTER 34-36.1
Condominium Law

ARTICLE 34-36.1-4.01
Protection of Condominium Purchasers

SECTION 34-36.1-4.15


§ 34-36.1-4.15 Exclusion or modification of implied warranties of quality.

(a) Except as limited by subsection (b) with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality:

(1) May be excluded or modified by agreement of the parties; and

(2) Are excluded by expression of disclaimer, such as "as is," "with all faults," or other language which in common understanding calls the buyer's attention to the exclusion of warranties.

(b) With respect to a purchaser of a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain.

History of Section.
(P.L. 1982, ch. 329, § 2.)