Section 515B.4-112 — Express Warranties.
515B.4-112 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; use of the unit; rights appurtenant to the unit; improvements […]
Section 515B.4-113 — Implied Warranties.
515B.4-113 IMPLIED WARRANTIES. (a) A declarant warrants to a purchaser 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 warrants to a purchaser that: […]
Section 515B.4-114 — Exclusion Or Change Of Implied Warranties.
515B.4-114 EXCLUSION OR CHANGE OF IMPLIED WARRANTIES. (a) With respect to a unit available for residential use, no general disclaimer of implied warranties is effective, but a declarant may disclaim liability in an instrument separate from the purchase agreement signed by the purchaser for a specified defect or specified failure to comply with applicable law, […]
Section 515B.4-115 — Statute Of Limitations For Warranties; Cic Created Before August 1, 2010.
515B.4-115 STATUTE OF LIMITATIONS FOR WARRANTIES; CIC CREATED BEFORE AUGUST 1, 2010. (a) A judicial proceeding for breach of an obligation arising under section 515B.4-101(e) or 515B.4-106(d), shall be commenced within six months after the conveyance of the unit or other parcel of real estate. (b) A judicial proceeding for breach of an obligation arising […]
Section 515B.4-1151 — Statute Of Limitations For Warranties; Cic Created On Or After August 1, 2010, And Before August 1, 2011.
515B.4-1151 STATUTE OF LIMITATIONS FOR WARRANTIES; CIC CREATED ON OR AFTER AUGUST 1, 2010, AND BEFORE AUGUST 1, 2011. (a) A judicial proceeding for breach of an obligation arising under section 515B.4-101(e) or 515B.4-106(d) shall be commenced within 12 months after the conveyance of the unit or other parcel of real estate. (b) A judicial […]
Section 515B.4-1152 — Statute Of Limitations For Warranties; Cic Created On Or After August 1, 2011.
515B.4-1152 STATUTE OF LIMITATIONS FOR WARRANTIES; CIC CREATED ON OR AFTER AUGUST 1, 2011. (a) A judicial proceeding for breach of an obligation arising under section 515B.4-101(e) or 515B.4-106(d) shall be commenced within 12 months after the conveyance of the unit or other parcel of real estate. (b) A judicial proceeding for breach of an […]
Section 515B.4-116 — Rights Of Action; Attorney’s Fees.
515B.4-116 RIGHTS OF ACTION; ATTORNEY’S FEES. (a) In addition to any other rights to recover damages, attorney’s fees, costs or expenses, whether authorized by this chapter or otherwise, if a declarant, an association, or any other person violates any provision of this chapter, or any provision of the declaration, bylaws, or rules and regulations any […]
Section 515B.4-117 — Labeling Of Promotional Material.
515B.4-117 LABELING OF PROMOTIONAL MATERIAL. No promotional material may be displayed or delivered to prospective purchasers which describes or portrays an improvement that is not in existence unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified either as “MUST BE BUILT” or as “NEED NOT BE BUILT.” […]
Section 515B.4-118 — Declarant’s Obligation To Complete And Restore.
515B.4-118 DECLARANT’S OBLIGATION TO COMPLETE AND RESTORE. (a) Except for improvements labeled “NEED NOT BE BUILT,” the declarant shall complete all improvements depicted on any CIC plat prepared pursuant to section 515B.2-110, whether or not the plat is contained in the disclosure statement. (b) The declarant is liable for the prompt repair and restoration of […]
Section 515B.4-110 — Obligation To Release Liens.
515B.4-110 OBLIGATION TO RELEASE LIENS. (a) In the case of a transfer of a unit where a disclosure statement is required, the declarant, before conveying the unit, shall: (1) record or furnish to the purchaser recordable releases of all liens, the foreclosure of which could deprive the unit owner of title to or occupancy of […]