§ 34-36.1-4.16. Statute of limitations for warranties.
(a) A judicial proceeding for breach of any obligation arising under § 34-36.1-4.13 or § 34-36.1-4.14 must be commenced within six (6) years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than two (2) years. With respect to a unit that may be occupied for residential use, an agreement to reduce the period of limitation must be evidenced by a separate instrument executed by the purchaser.
(b) Subject to subsection (c), a cause of action for breach of warranty of quality, regardless of the purchaser’s lack of knowledge of the breach, accrues:
(1) As to a unit, at the time the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and
(2) As to each common element, at the time the common element is completed or, if later:
(i) As to a common element that may be added to the condominium or portion thereof, at the time the first unit therein is conveyed to a bona fide purchaser, or
(ii) As to a common element within any other portion of the condominium, at the time the first unit in the condominium is conveyed to a bona fide purchaser.
(c) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the condominium, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.
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.