§ 34-41-4.11 - Express warranties of quality.
SECTION 34-41-4.11
§ 34-41-4.11 Express warranties ofquality. – (a) Express warranties made by any seller to a purchaser of a time share, ifrelied upon by the purchaser, are created as follows:
(1) Any affirmation of fact or promise which relates to thetime share, the time-share unit, rights appurtenant to either, areaimprovements that would directly benefit the time share, or the right to use orhave the benefit of facilities not located on the time-share unit, creates anexpress warranty that the time share, the time-share unit, and related rightsand uses will conform to the affirmation or promise;
(2) Any model or description of the physical characteristicsof the time-share property, including plans and specifications of or forimprovements, creates an express warranty that the property will substantiallyconform to the model or description;
(3) Any description of the quantity or extent of the realestate constituting the time-share property, including plats or surveys,creates an express warranty that the property will conform to the description,subject to customary tolerances; and
(4) A provision that a purchaser may put a time-share unitonly 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, is necessary to create an expresswarranty of quality, but a statement purporting to be merely an opinion orcommendation of the time share, the time-share unit, or the value of eitherdoes not create a warranty.
(c) Any transfer of a time share transfers to the purchaserall express warranties of quality made by previous sellers.