47C-4-115. Exclusion of 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 which in common understanding calls the buyer'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 person in the business of selling real estate for his own account 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. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 47C - North Carolina Condominium Act
Article 4 - Protection of Purchasers.
§ 47C-4-101 - Applicability; waiver.
§ 47C-4-102 - Liability for public offering statement requirements.
§ 47C-4-103 - Public offering statement; general provisions.
§ 47C-4-104 - Same; condominiums subject to developmental rights.
§ 47C-4-105 - Same; time share.
§ 47C-4-106 - Conversion buildings.
§ 47C-4-107 - Same; condominium securities.
§ 47C-4-108 - Purchaser's right to cancel.
§ 47C-4-109 - Resales of units.
§ 47C-4-110 - Escrow of deposits.
§ 47C-4-111 - Release of liens or encumbrances.
§ 47C-4-113 - Express warranties of quality.
§ 47C-4-114 - Implied warranties of quality.
§ 47C-4-115 - Exclusion of modification of implied warranties of quality.
§ 47C-4-116 - Statute of limitations for warranties.
§ 47C-4-117 - Effect of violations on rights of action; attorney's fees.
§ 47C-4-118 - Labeling of promotional material.