Delaware Code (Titles 8, 9, 25, 30)

25 Del. C. § 81-413

Express warranties of quality

# (a)

Express warranties made by a declarant to a purchaser of a unit, if relied upon by the purchaser, are created as follows:

# (1)

Any affirmation of fact or promise in writing which relates to the unit, its use, or rights appurtenant thereto, area improvements to the common interest community that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the common interest community, creates an express warranty that the unit and related rights and uses will substantially conform to the affirmation or promise in all material respects;

# (2)

Any model or description of the physical characteristics of the common interest community, including plans and specifications of or for improvements, creates an express warranty that the common interest community will substantially conform to the model or description in all material respects unless the model or description discloses that it is only proposed or is subject to change;

# (3)

Any description of the quantity or extent of the real estate comprising the common interest community, including plats or surveys, creates an express warranty that the common interest community will substantially conform to the description in all material respects, subject to customary tolerances; and

# (4)

A provision that a purchaser may put a unit only to a specified use is an express warranty that the specified use is lawful in all material respects.

# (b)

Neither formal words, such as “warranty” or “guarantee,” nor a specific intention to make a warranty, are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.

# (c)

Any conveyance of a unit transfers to the purchaser all express warranties of quality made by the declarant.

# (d)

The warranties set out in this section are intended to supplement, not supersede or replace, any other statutory construction warranty requirements. To the extent that there is a conflict between such other statutory construction warranty requirements and this section, the provision most favorable to the purchaser shall prevail.

Amendment history

76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, § 82

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