§ 250.70. Implied warranties.

(a) A declarant 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 was at the time of contracting, reasonable wear and tear excepted.

(b)

A declarant impliedly warrants that a unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by the declarant or made by any person in contemplation of the creation of the condominium will be:

(1)

Free from defective materials; and

(2)

Constructed in accordance with applicable law, according to sound engineering and construction standards, and in a professional manner.

(c)

In addition, a declarant warrants to a purchaser of a unit which may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.

(d)

Warranties imposed by this section may be excluded or modified as specified in section 250.80.

(e)

For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant.

(f)

Any conveyance of a unit transfers to the purchaser all or any of declarant's implied warranties of quality. (79-Or-209, § 1, 10-26-79; Pet. No. 252271, § 48, 5-11-90)