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N.C. Gen. Stat. § 47C-4-115

Exclusion of modification of implied warranties of quality

Applied in 1 court decision — leading case Trillium Ridge Condominium Ass'n v. Trillium Links & Village, LLC (2014)

Most recently applied in Trillium Ridge Condominium Ass'n v. Trillium Links & Village, LLC (September 2014)

1985 (Reg

(a) Except as limited by subsection (b) with respect to a purchaser of a unit that 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.

(b) With respect to a purchaser of a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant and any person in the business of selling real estate for his own account 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.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.