§ 34-41-4.11. Express warranties of quality. (a) Express warranties made by any seller to a purchaser of a time share, if relied upon by the purchaser, are created as follows:

(1) Any affirmation of fact or promise which relates to the time share, the time-share unit, rights appurtenant to either, area improvements that would directly benefit the time share, or the right to use or have the benefit of facilities not located on the time-share unit, creates an express warranty that the time share, the time-share unit, and related rights and uses will conform to the affirmation or promise;

(2) Any model or description of the physical characteristics of the time-share property, including plans and specifications of or for improvements, creates an express warranty that the property will substantially conform to the model or description;

(3) Any description of the quantity or extent of the real estate constituting the time-share property, including plats or surveys, creates an express warranty that the property will conform to the description, subject to customary tolerances; and

(4) A provision that a purchaser may put a time-share unit only to a specified use is an express warranty that the specified use is lawful.

(b) Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty, is necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the time share, the time-share unit, or the value of either does not create a warranty.

(c) Any transfer of a time share transfers to the purchaser all express warranties of quality made by previous sellers.

History of Section. (P.L. 1984, ch. 141, § 2.)