2006 Code of Virginia § 55-489 - Implied warranties of quality

55-489. Implied warranties of quality.

A. A declarant and any person in the business of selling cooperativeinterests for his own account warrant that a unit will be in at least as goodcondition at the earlier of the time of the conveyance of a cooperativeinterest or delivery of possession as it was at the time of contracting,reasonable wear and tear excepted.

B. A declarant and any person in the business of selling cooperativeinterests for his own account impliedly warrant that a unit and the commonelements in the cooperative are suitable for the ordinary uses of real estateof its type and that any improvements made or contracted for by him or madeby any person before the creation of the cooperative, will be:

1. Free from defective materials; and

2. Constructed in accordance with applicable law, according to soundengineering and construction standards and in a workmanlike manner.

C. In addition, a declarant and any person in the business of sellingcooperative interests for his own account warrant to a purchaser of acooperative interest for a unit that may be used for residential use that anexisting use, continuation of which is contemplated by the parties, does notviolate applicable law at the earlier of the time of conveyance or deliveryof possession.

D. Warranties imposed by this section may be excluded or modified asspecified in 55-490.

E. For purposes of this section, improvements made or contracted for by anaffiliate of a declarant are made or contracted for by the declarant.

F. Any conveyance of a cooperative interest transfers to the purchaser all ofthe declarant's implied warranties of quality.

(1982, c. 277.)