CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.

ARTICLE 4. PROTECTION OF PURCHASERS.

§36B-4-115. 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 that in common understanding calls the purchaser'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 and any dealer 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.

§36B-4-115. Exclusion or modification of implied warranties of quality.

Bill History For §36B-4-115

1986 Regular Session
SB102
1984 Regular Session
SB171
1980 Regular Session
HB788