10-08-1980 Council Agenda - Laserfiche WebLink

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3. Any conveyance of a unit transfers to the purchaser all express warranties made by the declarant. 2701.070. IMPLIED WARRANTIES. 1. A declarant 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. 2'. A declarant 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 made by any person in contemplation of the creation of thecondominium, will be: (a) Free from defective materials; and (b) Constructed in accordance with applicable law, according to sound engineering and construction standards, and in a workmanlike manner. 3. In addition, a declarant warrants to a purchaser of a unit which 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. 4. Warranties imposed by this Section may be excluded or modified as specified in Section 2701.080. 5. For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant. 6. Any conveyance of a unit transfers to the purchaser all of any declarant's implied warranties of quality. 2701.080. EXCLUSION'OR MODIFICATION OF IMPLIED WARRANTIES. 1. Except as limited by subsection 2, implied warranties: (a) May be excluded or modified by agreement of the parties; and (b) Are excluded by expression of disclaimer, such "as is ", "with all faults ", or other language which in common understanding calls the buyer's attention to the exclusion of warranties.' 2. With respect to a purchaser of a unit which may be occupied for residential use, no general disclaimer of implied warranties is effective, but a Z declarant may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain._': • -4- U_,