§ 34-36.1-4.13. Express warranties of quality.
(a) Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are created as follows:
(1) Any written or printed affirmation of fact or promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the condominium that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the condominium, creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;
(2) Any model or description of the physical characteristics of the condominium, including plans and specifications of or for improvements, creates an express warranty that the condominium will substantially conform to the model or description;
(3) Any description of the quantity or extent of the real estate comprising the condominium, including plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary tolerances; and
(4) A provision that a buyer may put a unit only to a specified use is an express warranty that the specified use is lawful.
(b) Neither formal words, such as “warranty” or “guarantee,” nor a specific intention to make a warranty, are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.
(c) Any conveyance of a unit transfers to the purchaser all express warranties of quality made by previous sellers.
History of Section.P.L. 1982, ch. 329, § 2.
Structure Rhode Island General Laws
Chapter 34-36.1 - Condominium Law
Article IV - Protection of Condominium Purchasers
Section 34-36.1-4.01. - Applicability — Waiver.
Section 34-36.1-4.02. - Liability for public offering statement requirements.
Section 34-36.1-4.03. - Public offering statement — General provisions.
Section 34-36.1-4.04. - Public offering statement — Condominiums subject to development rights.
Section 34-36.1-4.05. - Public offering statement — Time shares.
Section 34-36.1-4.06. - Public offering statement — Condominiums containing conversion buildings.
Section 34-36.1-4.07. - Public offering statement — Condominium securities.
Section 34-36.1-4.08. - Purchaser’s rights to cancel.
Section 34-36.1-4.09. - Resale of units.
Section 34-36.1-4.10. - Escrow of deposits.
Section 34-36.1-4.11. - Release of liens.
Section 34-36.1-4.12. - Conversion buildings.
Section 34-36.1-4.13. - Express warranties of quality.
Section 34-36.1-4.14. - Implied warranties of quality.
Section 34-36.1-4.15. - Exclusion or modification of implied warranties of quality.
Section 34-36.1-4.16. - Statute of limitations for warranties.
Section 34-36.1-4.17. - Effect of violations on rights of action — Attorney’s fees.
Section 34-36.1-4.18. - Labeling of promotional material.
Section 34-36.1-4.19. - Declarant’s obligation to complete and restore.