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Chapter 448

Effective - 28 Aug 1983bottom

  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; and

  (2)  Are 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.

  2.  With respect to a purchaser of a unit which may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain.


(L. 1983 H.B. 177)

---- end of effective   28 Aug 1983 ----

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