(a) Definition.--As
used in this section, "structural defects" means those defects in components
constituting any unit or common element which reduce the stability or safety
of the structure below accepted standards or restrict the normal intended
use of all or part of the structure and which require repair, renovation,
restoration or replacement. Nothing in this section shall be construed to
make the declarant responsible for any items of maintenance relating to
the units or common elements.
(b) General rule.--A
declarant warrants against structural defects in each of the units for two
years from the date each is conveyed to a bona fide purchaser, and all of
the common elements for two years. Any conveyance of a unit during the two-year
warranty period shall be deemed to transfer to the purchaser all of the
declarant's warranties created under this section. The two years shall begin
as to each of the common elements whenever the common element has been completed
or, if later:
(1) as to any common
element within any additional real estate or portion thereof, at the time
the first unit therein is conveyed to a bona fide purchaser;
(2)
as to any common element within any convertible real estate or portion thereof,
at the time the first unit therein is conveyed to a bona fide purchaser;
and
(3) as to any common
element within any other portion of the condominium, at the time the first
unit therein is conveyed to a bona fide purchaser.
(c) Condominiums
containing conversion buildings.--A declarant of a condominium containing
one or more conversion buildings warrants as follows:
(1)
That there are no structural defects in components installed anywhere in
the condominium by or on behalf of the declarant or in work done or improvements
made by or on behalf of the declarant anywhere in the condominium.
(2) That all units
and common elements in each conversion building have been inspected for
visible structural and mechanical defects and for other visible conditions
that adversely affect the health or safety of residential occupants, as
required by section 3404(a)(1) (relating to public offering statement; condominiums
containing conversion buildings), except that no such inspection is required
of any unit if the tenant or other lawful occupant of the unit does not
permit such inspection to be conducted.
(3) That any such
defects and other visible conditions found have been repaired. The warranties
set forth in subsection (b) shall be applicable to any units and common
elements that are located within a building that contains or comprises one
or more units and is not a conversion building. Otherwise, such a declarant
may offer the units, common elements, or both, in an "as is" condition.
The declarant of a condominium containing any conversion buildings may also
give a more extensive warranty in writing. The times at which the warranties
required by this subsection commence and the duration of such warranties
shall be as provided in subsection (b).
(d) Exclusion or
modification of warranty.--Except with respect to a purchaser of a unit
for residential use, the warranty against structural defects:
(1)
may be excluded or modified by agreement of the parties; and
(2) is excluded by
expression of disclaimer, such as "as is," "with all faults" or other language
which in common understanding calls the buyer's attention to the exclusion
of warranties.
(e) Limitation of
actions.--No action to enforce the warranty created by
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