Section 48. (a) A judicial proceeding for breach of any obligation arising under section forty-five or forty-six shall be commenced within four years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than two years. With respect to a time-share unit that may be used as a dwelling or for recreational purposes, an agreement to reduce the period of limitation shall be evidenced by a separate instrument executed by the purchaser.
(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, unless extended by agreement:
(1) as to a unit, at the time of the first transfer of a time-share therein by the seller to a bona fide purchaser; and
(2) as to other improvements, at the time each is completed.
(c) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the property, 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 first occurs.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title I - Title to Real Property
Chapter 183b - Real Estate Time-Shares
Section 4 - Agreements Varying Chapter Prohibited; Waiver of Rights
Section 5 - Unconscionable Contracts
Section 6 - Good Faith Obligation
Section 7 - Remedies; Liberal Administration; Damages; Judicial Enforcement
Section 8 - Laws Supplementary to Chapter
Section 9 - Conflicts With Other Laws
Section 10 - Implied Repeals by Subsequent Legislation
Section 11 - Project Instruments; Creation of Time-Shares; Amendments
Section 13 - Instruments; Allocation of Votes and Expense Liabilities; Alteration
Section 14 - Partition of Units
Section 15 - Termination Agreements
Section 16 - Sales or Management Offices; Models; Signs
Section 17 - Instruments; Approval of Actions of Owners, Developer, or Managing Entity
Section 18 - Deeds; Notice of Lease or License; Recording; Contents
Section 20 - Powers of Association
Section 21 - Powers and Duties of Developer
Section 22 - Special Developer Right
Section 24 - Duties of Managing Entity; Access to Units; Alteration of Unit by Owner
Section 28 - Expenses; Assessments; Late Charges; Interest; Reserve Funds
Section 29 - Liens for Assessments Levied or Fines Imposed
Section 29b - Forfeiture of Rights of Time-Share Owner for Non-Payment of Assessments; Proceedings
Section 30 - Financial Records
Section 31 - Third Persons Dealing With Trustee
Section 34 - Referendum to Amend Project Instrument or Other Matters
Section 35 - Discharge of Manager
Section 38 - Public Offering Statements; Furnishing to Purchaser; Contents
Section 39 - Public Offering Statements; Conversion Buildings; Contents
Section 39a - Conformity of Units to Regulations
Section 40 - Public Offering Statements; Time-Share Registered With Securities Exchange Commission
Section 42a - Resale Service Providers; Disclosure Obligations
Section 43 - Deposits Placed in Escrow; Holding Instrument of Payment
Section 44 - Release of Liens; Surety Bond; Service of Process for Foreclosure of Lien
Section 45 - Express Warranties
Section 47 - Implied Warranties of Quality; Exclusions or Modifications
Section 48 - Limitation of Actions for Breach of Warranties
Section 49 - Failure to Comply With Chapter
Section 50 - Improvements Not Required to Be Built
Section 51 - Completion of Promised Improvements; Responsibility for Recording Deed or Notice
Section 52 - Advertisements Including Prize Offer
Section 53 - Exchange Programs; Information; Promotional Literature; Liability
Section 54 - Multi-Location Developers; Information for Purchasers; Violations