448.4-114. Implied warranties of quality.
Implied warranties of quality.
448.4-114. 1. A declarant and any person in the business ofselling real estate for his own account warrants that a unit willbe in at least as good condition at the earlier of the time ofthe conveyance or delivery of possession as it was at the time ofcontracting, reasonable wear and tear excepted.
2. A declarant and any person in the business of sellingreal estate for his own account impliedly warrants that a unitand the common elements in the condominium are suitable for theordinary uses of real estate of its type and that anyimprovements made or contracted for by him, or made by any personbefore the creation of the condominium, shall be:
(1) Free from defective materials; and
(2) Constructed in accordance with applicable law, accordingto sound engineering and construction standards, and in aworkmanlike manner.
3. In addition, a declarant warrants to a purchaser of aunit which may be used for residential use that an existing use,continuation of which is contemplated by the parties, does notviolate applicable law at the earlier of the time of conveyanceor delivery of possession.
4. Warranties imposed by this section may be excluded ormodified as specified in section 448.4-115.
5. For purposes of this section, improvements made orcontracted for by an affiliate of a declarant are made orcontracted for by the declarant.
6. Any conveyance of a unit transfers to the purchaser allof any declarant's implied warranties of quality.
(L. 1983 H.B. 177)