§1604-113. Implied warranties of quality
(a) A declarant and any person in the business of selling real estate for his own account warrants that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted. [PL 1981, c. 699 (NEW).]
(b) A declarant and any person in the business of selling real estate for his own account impliedly warrants that a unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by him, or made by any person before the creation of the condominium, will be:
(1) Free from defective materials; and [PL 1981, c. 699 (NEW).]
(2) Constructed in accordance with applicable law, according to sound engineering and construction standards and in a workmanlike manner. Construction complying with the National Building Code and Code Administrators (BOCA), Basic Building Code or equivalent applicable local building code, if any, shall be deemed to satisfy such sound engineering or construction standards. [PL 1981, c. 699 (NEW).]
(c) In addition, a declarant warrants to a purchaser from him of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession. [PL 1981, c. 699 (NEW).]
(d) Warranties imposed by this section may be excluded or modified as specified in section 1604‑114. [PL 1981, c. 699 (NEW).]
(e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant, section 1601‑103, paragraph (1), are made or contracted for by the declarant. [PL 1981, c. 699 (NEW).]
(f) Any conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality. [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
Structure Maine Revised Statutes
Chapter 31: MAINE CONDOMINIUM ACT
Article 4: PROTECTION OF CONDOMINIUM PURCHASERS
33 §1604-101. Applicability; waiver
33 §1604-102. Liability for public offering statement requirements
33 §1604-103. Public offering statement; general provisions
33 §1604-104. Public offering statement; condominiums subject to development rights
33 §1604-105. Public offering statement; condominiums containing conversion buildings
33 §1604-106. Public offering statement; condominium securities
33 §1604-107. Purchaser's right to cancel
33 §1604-108. Resales of units
33 §1604-109. Escrow of deposits
33 §1604-110. Release of liens
33 §1604-111. Conversion buildings
33 §1604-112. Express warranties of quality
33 §1604-113. Implied warranties of quality
33 §1604-114. Exclusion or modification of implied warranties of quality
33 §1604-115. Statute of limitations for warranties
33 §1604-116. Effect of violations on rights of action
33 §1604-117. Labeling of promotional material
33 §1604-118. Declarant's obligation to complete and restore