§1604-115. Statute of limitations for warranties
(a) A judicial proceeding for breach of any obligation arising under section 1604‑112 or 1604‑113 must be commenced within 6 years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than 2 years. With respect to a unit that may be occupied for residential use, an agreement to reduce the period of limitation must be evidenced by a separate instrument executed by the purchaser. [PL 1981, c. 699 (NEW).]
(b) Subject to subsection (c), a cause of action for breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach, accrues:
(1) As to a unit, at the time the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and [PL 1981, c. 699 (NEW).]
(2) As to each common element, at the time the common element is completed or, if later:
(i) As to a common element which may be added to the condominium or portion thereof, at the time the first unit therein is conveyed to a bona fide purchaser; or
(ii) As to a common element within any other portion of the condominium, at the time the first unit in the condominium is conveyed to a bona fide purchaser.
[PL 1981, c. 699 (NEW).]
(c) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the condominium, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier. [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