2011 Vermont Code
Title 27A Uniform Common Interest Ownership Act (1994)
Chapter 4 Protection of Purchasers
§ 113 Express warranties of quality

§ 4-113. Express warranties of quality

Subsection (a) effective until January 1, 2012; see also subsection (a) effective January 1, 2012 set out below.

(a) Express warranties made by a seller to a purchaser of a unit are created as follows:

Subsection (a) effective January 1, 2012; see also subsection (a) effective until January 1, 2012 set out above.

(a) Express warranties made by a declarant to a purchaser of a unit are created as follows:

(1) Any affirmation of fact or promise which relates to the unit, its use or rights appurtenant to it, area improvements to the common interest community that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the common interest community warranties conformity of the unit and related rights and uses.

Subdivision (a)(2) effective until January 1, 2012; see also subdivision (a)(2) effective January 1, 2012 set out below.

(2) Any model or description of the physical characteristics of the common interest community, including plans and specifications for improvement warranties conformance of the common interest community to the model or description.

Subdivision (a)(2) effective January 1, 2012; see also subdivision (a)(2) effective until January 1, 2012 set out above.

(2) Any model or description of the physical characteristics of the common interest community, including plans and specifications of or for improvements, creates an express warranty that the common interest community will conform to the model or description, unless the model or description clearly discloses that it is only proposed or is subject to change.

(3) Any description of the quantity or extent of the real estate comprising the common interest community, including plats or surveys warranties conformity of the common interest community to the description, subject to customary tolerances.

(4) A provision that a purchaser may put a unit only to a specified use warranties the legality of the specified use.

(b) Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty is necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.

Subsection (c) effective until January 1, 2012; see also subsection (c) effective January 1, 2012 set out below.

(c) A conveyance of a unit transfers to the purchaser all express warranties of quality made by previous sellers.

Subsection (c) effective January 1, 2012; see also subsection (c) effective until January 1, 2012 set out above.

(c) A conveyance of a unit transfers to the purchaser all express warranties of quality made by the declarant. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 45, eff. Jan. 1, 2012.)