§ 34-36.1-4.14. Implied warranties of quality.
(a) A declarant and any person in the business of selling real estate for his or her own account warrants that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.
(b) A declarant and any person in the business of selling real estate for his or her own account impliedly warrants that a unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by him or her, or made by any person before the creation of the condominium, will be:
(1) Free from defective materials; and
(2) Constructed in accordance with applicable law, according to sound engineering and construction standards, and in a workmanlike manner.
(c) In addition, a declarant and any person in the business of selling real estate for his or her own account warrants to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.
(d) Warranties imposed by this section may be excluded or modified as specified in § 34-36.1-4.15.
(e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant.
(f) Any conveyance of a unit transfers to the purchaser all of the declarant’s implied warranties of quality.
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.