RCW 64.34.450
Implied warranties of quality—Exclusion—Modification—Disclaimer—Express written warranty.
(1) For units intended for nonresidential use, implied warranties of quality:
(a) May be excluded or modified by written agreement of the parties; and
(b) Are excluded by written 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.
(2) For units intended for residential use, no disclaimer of implied warranties of quality is effective, except that a declarant or dealer may disclaim liability in writing, in type that is bold faced, capitalized, underlined, or otherwise set out from surrounding material so as to be conspicuous, and separately signed by the purchaser, for a specified defect or specified failure to comply with applicable law, if: (a) The declarant or dealer knows or has reason to know that the specific defect or failure exists at the time of disclosure; (b) the disclaimer specifically describes the defect or failure; and (c) the disclaimer includes a statement as to the effect of the defect or failure.
(3) A declarant or dealer may offer an express written warranty of quality only if the express written warranty does not reduce protections provided to the purchaser by the implied warranty set forth in RCW 64.34.445.
[ 2004 c 201 § 6; 1989 c 43 § 4-113.]
NOTES:
Application—2004 c 201 §§ 5 and 6: See note following RCW 64.34.445.
Structure Revised Code of Washington
Title 64 - Real Property and Conveyances
Chapter 64.34 - Condominium Act.
64.34.005 - Findings—Intent—2004 c 201.
64.34.030 - Variation by agreement.
64.34.040 - Separate interests—Taxation.
64.34.050 - Local ordinances, regulations, and building codes—Applicability.
64.34.070 - Law applicable—General principles.
64.34.073 - Application of chapter 64.55 RCW.
64.34.076 - Application to common interest communities.
64.34.080 - Contracts—Unconscionability.
64.34.090 - Obligation of good faith.
64.34.100 - Remedies liberally administered.
64.34.200 - Creation of condominium.
64.34.202 - Reservation of condominium name.
64.34.208 - Declaration and bylaws—Construction and validity.
64.34.212 - Description of units.
64.34.216 - Contents of declaration.
64.34.220 - Leasehold condominiums.
64.34.224 - Common element interests, votes, and expenses—Allocation.
64.34.228 - Limited common elements.
64.34.232 - Survey maps and plans.
64.34.236 - Development rights.
64.34.240 - Alterations of units.
64.34.244 - Relocation of boundaries—Adjoining units.
64.34.248 - Subdivision of units.
64.34.252 - Monuments as boundaries.
64.34.260 - Easement rights—Common elements.
64.34.264 - Amendment of declaration.
64.34.268 - Termination of condominium.
64.34.272 - Rights of secured lenders.
64.34.276 - Master associations.
64.34.278 - Delegation of power to subassociations.
64.34.280 - Merger or consolidation.
64.34.300 - Unit owners' association—Organization.
64.34.304 - Unit owners' association—Powers.
64.34.308 - Board of directors and officers.
64.34.312 - Control of association—Transfer.
64.34.316 - Special declarant rights—Transfer.
64.34.320 - Contracts and leases—Declarant—Termination.
64.34.328 - Upkeep of condominium.
64.34.340 - Voting—In person, absentee ballots, proxies.
64.34.344 - Tort and contract liability.
64.34.348 - Common elements—Conveyance—Encumbrance.
64.34.354 - Insurance—Conveyance.
64.34.360 - Common expenses—Assessments.
64.34.364 - Lien for assessments—Notice of delinquency.
64.34.368 - Liens—General provisions.
64.34.372 - Association records—Funds.
64.34.376 - Association as trustee.
64.34.380 - Reserve account—Reserve study—Annual update.
64.34.382 - Reserve study—Contents.
64.34.384 - Reserve account—Withdrawals.
64.34.386 - Reserve study—Demand by owners—Study not timely prepared.
64.34.388 - Reserve study—Decision making.
64.34.390 - Reserve study—Reserve account—Immunity from liability.
64.34.392 - Reserve account and study—Exemption—Disclosure.
64.34.395 - Electric vehicle charging stations.
64.34.400 - Applicability—Waiver.
64.34.405 - Public offering statement—Requirements—Liability.
64.34.410 - Public offering statement—General provisions.
64.34.415 - Public offering statement—Conversion condominiums.
64.34.417 - Public offering statement—Use of single disclosure document.
64.34.418 - Public offering statement—Contract of sale—Restriction on interest conveyed.
64.34.420 - Purchaser's right to cancel.
64.34.430 - Escrow of deposits.
64.34.435 - Release of liens—Conveyance.
64.34.440 - Conversion condominiums—Notice—Tenants—Relocation assistance.
64.34.442 - Conversion condominium projects—Report.
64.34.443 - Express warranties of quality.
64.34.445 - Implied warranties of quality—Breach.
64.34.452 - Warranties of quality—Breach—Actions for construction defect claims.
64.34.455 - Effect of violations on rights of action—Attorney's fees.
64.34.460 - Labeling of promotional material.
64.34.465 - Improvements—Declarant's duties.
64.34.470 - Conversion condominium notice.
64.34.930 - Effective date—1989 c 43.
64.34.931 - Effective date—2004 c 201 §§ 1-13.