RCW 64.90.675
Implied warranties of quality—Exclusion or modification.
(1) Except as limited under subsection (2) of this section with respect to a purchaser of a condominium unit that may be used for residential use, implied warranties of quality under RCW 64.90.670:
(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 that in common understanding calls the buyer's attention to the exclusion of warranties.
(2) With respect to a purchaser of a condominium unit that may be used for residential use, no disclaimer of implied warranties of quality under RCW 64.90.670 is effective, except that a declarant and any dealer may disclaim liability in an instrument for one or more specified defects or failures to comply with applicable law, if:
(a) The declarant or dealer knows or has reason to believe that the specific defects or failures exist at the time of disclosure;
(b) The disclaimer specifically describes the defects or failures;
(c) The disclaimer includes a statement as to the effect of the defects or failures;
(d) The disclaimer is bold faced, capitalized, underlined, or otherwise set out from surrounding material so as to be conspicuous; and
(e) The disclaimer is signed by the purchaser.
(3) A declarant or dealer may not make an express written warranty of quality that limits the implied warranties of quality made to the purchaser set forth in RCW 64.90.670.
[ 2018 c 277 § 416.]
Structure Revised Code of Washington
Title 64 - Real Property and Conveyances
Chapter 64.90 - Washington Uniform Common Interest Ownership Act.
64.90.015 - No variation by agreement.
64.90.020 - Separate titles and taxation.
64.90.025 - Applicability of local ordinances, regulations, and building codes.
64.90.035 - Supplemental general principles of law applicable.
64.90.040 - Construction against implicit repeal.
64.90.045 - Application—Construction.
64.90.050 - Unconscionable agreement or term of contract.
64.90.055 - Obligation of good faith.
64.90.065 - Adjustment of dollar amounts.
64.90.070 - Electronic signatures in global and national commerce act.
64.90.075 - Common interest communities, new.
64.90.080 - Common interest communities, preexisting.
64.90.085 - Common interest communities, amendments to.
64.90.090 - Prior condominium statutes.
64.90.095 - Election of preexisting common interest communities.
64.90.100 - Common interest communities, nonresidential and mixed-use.
64.90.105 - Common interest communities, out-of-state.
64.90.110 - Exempt real estate arrangements.
64.90.115 - Other exempt covenants.
64.90.200 - Common interest communities, creation of.
64.90.205 - Reservation of name.
64.90.215 - Construction and validity of governing documents.
64.90.220 - Description of units.
64.90.225 - Declaration—Contents.
64.90.230 - Leasehold common interest communities.
64.90.235 - Allocated interests.
64.90.240 - Limited common elements.
64.90.245 - Maps—Exception—Amendments—Requirements—Recording.
64.90.250 - Development rights.
64.90.255 - Common elements and units—Alterations.
64.90.260 - Unit boundaries—Relocation.
64.90.265 - Subdivision and combination of units.
64.90.270 - Monuments as boundaries.
64.90.285 - Amendment of declaration.
64.90.295 - Rights of secured lenders.
64.90.300 - Master association.
64.90.305 - Delegation of power to subassociations.
64.90.310 - Merger or consolidation.
64.90.315 - Addition of unspecified real estate.
64.90.320 - Large scale communities.
64.90.325 - Judicial termination.
64.90.400 - Unit owners association—Organization.
64.90.405 - Powers and duties.
64.90.410 - Board members, officers, and committees.
64.90.415 - Period of declarant control—Transition.
64.90.420 - Transfer of association property.
64.90.425 - Transfer of special declarant rights.
64.90.430 - Contracts and leases—Termination.
64.90.435 - Organizational documents.
64.90.440 - Maintenance, repair, replacement—Liability of unit owner—Inspection.
64.90.455 - Unit owner voting.
64.90.460 - Liability—Tolling.
64.90.465 - Conveyance or encumbrance of common elements.
64.90.475 - Accounts and records—Reconciliation.
64.90.480 - Assessments and capital contributions.
64.90.485 - Liens—Enforcement—Notice of delinquency.
64.90.495 - Association records.
64.90.500 - Association as trustee.
64.90.513 - Electric vehicle charging stations.
64.90.520 - Officers and board members—Removal.
64.90.525 - Budgets—Assessments—Special assessments.
64.90.530 - Financial statements—Association funds.
64.90.540 - Reserve account—Withdrawals.
64.90.550 - Reserve study—Contents.
64.90.555 - Reserve study—Demand—Enforcement.
64.90.560 - Reserve account—Reserve study—Reserve disclosure—Liability.
64.90.600 - Applicability—Waiver.
64.90.605 - Public offering statement—Liability.
64.90.610 - Public offering statement—General provisions—Notice.
64.90.615 - Public offering statement—Common interest communities subject to development rights.
64.90.620 - Public offering statement—Conversion buildings.
64.90.625 - Public offering statement—Disclosure document.
64.90.630 - Public offering statement—Contract of sale—Conveyance restriction.
64.90.635 - Purchaser's right to cancel.
64.90.640 - Unit resales—Resale certificate.
64.90.655 - Conversion buildings—Tenant rights—City and county requirements—Violations.
64.90.660 - Conversion buildings—Common interest community units—Report.
64.90.665 - Express warranties.
64.90.670 - Implied warranties of quality.
64.90.675 - Implied warranties of quality—Exclusion or modification.
64.90.680 - Warranties of quality—Breach—Actions for construction defect claims.
64.90.690 - Promotional material—Labeling requirement.
64.90.695 - Improvements—Duties of declarant.