§ 34-41-4.12 - Implied warranties of quality.
SECTION 34-41-4.12
§ 34-41-4.12 Implied warranties ofquality. – (a) A developer and any person in the business of selling real estate for hisor her own account warrants that a time-share unit will be in at least as goodcondition at the earlier of the time of the transfer or of the delivery ofpossession as it was at the time of contracting, reasonable wear and tearexcepted.
(b) A developer and any person in the business of sellingreal estate for his or her own account impliedly warrants that a time-shareunit and any other real property the time-share owners have a right to use inconjunction therewith are suitable for the ordinary uses of real estate of itstype and that any improvements made or contracted for by him or her, or made byany person before transfer, will be:
(1) Free from defective materials; and
(2) Constructed in accordance with applicable law, accordingto sound engineering and construction standards, and in a workerlike manner.
(c) In addition, a developer warrants to a purchaser of atime share that an existing use of the time-share unit, continuation of whichis contemplated by the parties, does not violate applicable law at the earlierof the time of transfer or of the delivery of possession.
(d) Warranties imposed by this section may be excluded ormodified as provided in § 34-41-4.13.
(e) For purposes of this section, improvements made orcontracted for by an affiliate of a developer are made or contracted for by thedeveloper.
(f) Any transfer of a time share transfers to the purchaserall of any developer's implied warranties of quality.