Section 34.08.640. Implied warranties of quality.

   (a) A declarant and a dealer warrant 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.
   (b) A declarant and a dealer impliedly warrant that a unit and the common elements in the common interest community are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by the declarant or dealer, or made by any person before the creation of the common interest community, will be
        (1) free from defective materials; and
        (2) constructed in accordance with applicable law, according to sound engineering and construction standards, and in a skillful and workmanlike manner.
   (c) A declarant and a dealer warrant to a purchaser of a unit that 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.
   (d) Warranties imposed by this section may be excluded or modified under AS 34.08.650.
   (e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant.
   (f) A conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality.

Notes

History

(Sec. 1 ch 95 SLA 1985)