2005 Minnesota Statutes - 515A.4-111 — Express warranties.

     515A.4-111 Express warranties.  


    (a) Express warranties made by a declarant or an affiliate 
 of a declarant to a purchaser of a unit if reasonably relied 
 upon by the purchaser, are created as follows: 


    (1) any affirmation of fact or promise which relates to the 
 unit, its use, or rights appurtenant thereto, area improvements 
 to the condominium that would directly benefit the unit, or the 
 right to use or have the benefit of facilities not located in 
 the condominium, creates an express warranty that the unit and 
 related rights and uses will conform to the affirmation or 
 promise; 


    (2) any model or description of the physical 
 characteristics of the condominium, including plans and 
 specifications of or for improvements, creates an express 
 warranty that the condominium will conform to the model or 
 description.  A notice prominently displayed on a model or 
 description shall prevent a purchaser from reasonably relying 
 upon the model or description to the extent of the disclaimer 
 set forth on the notice; 


    (3) any description of the quantity or extent of the real 
 estate comprising the condominium, including plats or surveys, 
 creates an express warranty that the condominium will conform to 
 the description, subject to customary tolerance; and 


    (4) a provision that a buyer may put a unit only 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, are 
 necessary to create an express warranty.  A statement purporting 
 to be merely an opinion or commendation of the real estate or 
 its value does not create a warranty. 


    (c) Any conveyance of a unit transfers to the purchaser all 
 express warranties made by a declarant or an affiliate of a 
 declarant. 


    HIST: 1980 c 582 art 4 s 515.4-111