(a) Express warranties made by the declarant, an affiliate of the declarant, or any person in the business of selling real estate for his or her own account, to a purchaser of a unit, if relied upon by the purchaser, are created as follows:
(1) Any affirmation of material fact or material promise which relates to the unit, its use, or rights appurtenant thereto, improvements to the condominium that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the condominium, creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;
(2) Any model or description of the physical characteristics of the condominium, including plans and specifications of or for improvements, creates an express warranty that the condominium will substantially conform to the model or description;
(3) Any description of the quantity or extent of the real estate comprising the condominium, including plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary tolerances; and
(4) A statement that a buyer 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 estate or its value does not create a warranty.
Structure Code of Alabama
Chapter 8A - Alabama Uniform Condominium Act.
Article 4 - Protection of Condominium Purchasers.
Section 35-8A-401 - Applicability; Waiver.
Section 35-8A-402 - Liability for Offering Statement Requirements.
Section 35-8A-403 - Offering Statement - General Provisions.
Section 35-8A-404 - Offering Statement - Condominiums Subject to Development Rights.
Section 35-8A-405 - Offering Statement - Time Shares.
Section 35-8A-406 - Offering Statement - Condominiums Containing Conversion Buildings.
Section 35-8A-407 - Offering Statement - Condominium Securities.
Section 35-8A-408 - Purchaser's Right to Cancel.
Section 35-8A-409 - Resales of Units.
Section 35-8A-410 - Escrow of Deposits.
Section 35-8A-411 - Release of Liens.
Section 35-8A-412 - Conversion Buildings.
Section 35-8A-413 - Express Warranties.
Section 35-8A-414 - Effect of Violations on Rights of Action; Attorney's Fees.
Section 35-8A-415 - Labeling of Promotional Material.
Section 35-8A-416 - Declarant's Obligation to Complete and Restore.