Section 448.4-117 – Effect of violations on rights of action — attorney’s fees.
Effective – 28 Aug 1983 448.4-117. Effect of violations on rights of action — attorney’s fees. — If a declarant or any other person subject to sections 448.1-101 to 448.4-120 fails to comply with any provision hereof or any provision of the declaration or bylaws, any person or class of persons adversely affected by such […]
Section 448.4-118 – Labeling of promotional material.
Effective – 28 Aug 1983 448.4-118. Labeling of promotional material. — If any improvement contemplated in a condominium is labeled “NEED NOT BE BUILT” on a plat or plan, or is to be located within a portion of the condominium with respect to which the declarant has reserved a development right, no promotional material shall […]
Section 448.4-119 – Declarant’s obligation to complete and restore.
Effective – 28 Aug 1983 448.4-119. Declarant’s obligation to complete and restore. — 1. The declarant shall complete all improvements labeled “SHALL BE BUILT” on plats or plans prepared pursuant to section 448.2-109. 2. The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the […]
Section 448.4-120 – Substantial completion of units.
Effective – 28 Aug 1983 448.4-120. Substantial completion of units. — In the case of a sale of a unit where delivery of an original sale certificate is required, a contract of sale may be executed, but no interest in that unit may be conveyed until the declaration is recorded and the unit is substantially […]
Section 448.4-113 – Express warranties of quality.
Effective – 28 Aug 1983 448.4-113. Express warranties of quality. — 1. Express warranties made by any seller to a purchaser of a unit, if 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 […]
Section 448.4-114 – Implied warranties of quality.
Effective – 28 Aug 1983 448.4-114. Implied warranties of quality. — 1. A declarant and any person in the business of selling real estate for his own account warrants 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 […]
Section 448.4-115 – Exclusion or modification of implied warranties of quality.
Effective – 28 Aug 1983 448.4-115. Exclusion or modification of implied warranties of quality. — 1. Except as limited by subsection 2 of this section with respect to a purchaser of a unit which may be used for residential use, implied warranties of quality: (1) May be excluded or modified by agreement of the parties; […]
Section 448.4-116 – Statute of limitations for warranties.
Effective – 28 Aug 1983 448.4-116. Statute of limitations for warranties. — 1. A judicial proceeding for breach of any obligation arising under section 448.4-113 or 448.4-114 shall be commenced within six years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than two […]
Section 448.4-107 – Original sale certificate, condominium securities.
Effective – 28 Aug 1983 448.4-107. Original sale certificate, condominium securities. — If an interest in a condominium is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements relating to the preparation of an original sale certificate of sections 448.1-101 to 448.4-120 if he delivers to the […]
Section 448.4-108 – Purchaser’s right to cancel.
Effective – 28 Aug 1983 448.4-108. Purchaser’s right to cancel. — A person required to deliver an original sale certificate pursuant to subsection 3 of section 448.4-102 shall provide a purchaser of a unit with a copy of the original sale certificate and all amendments thereto before conveyance of that unit and not later than […]