{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2167.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2167.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2167.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2167.html"}],"law_id":68678,"edition_id":1,"section_id":68678,"structure_id":14195,"section_number":"55.1-2167","catch_line":"Exclusion or modification of implied warranties of quality","history":"1982, c. 277, \u00a7 55-490; 2019, c. 712.","full_text":"A\n\nExcept as limited by subsection B with respect to a purchaser of a cooperative interest for a unit that may be used for residential use, implied warranties of quality (i) may be excluded or modified by agreement of the parties and (ii) are excluded by expression of disclaimer, such as &#8220;as is,&#8221; &#8220;with all faults,&#8221; or other language that in common understanding calls the buyer&#8217;s attention to the exclusion of warranties.B\n\nWith respect to a purchaser of a cooperative interest for a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, nor shall any disclaimer of implied warranties of quality be effective as to defects in materials or construction as to any unit, brought to the attention of the declarant within two years from the date of the first conveyance of the cooperative interest associated with such unit, or as to any such defect in the common elements brought to the attention within two years (i) after that common element has been completed or, if later, (ii) after the first cooperative interest has been conveyed in the cooperative. The first conveyance of a cooperative interest associated with a unit situated in real estate subject to development rights shall be treated as the first conveyance of a cooperative interest in the cooperative for the purposes of the preceding sentence as to any such defects in the common elements within that real estate. A declarant, and any person in the business of selling cooperative interests 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 became a part of the basis of the bargain.","order_by":null,"text":{"0":{"id":248610,"text":"Except as limited by subsection B with respect to a purchaser of a cooperative interest for a unit that may be used for residential use, implied warranties of quality (i) may be excluded or modified by agreement of the parties and (ii) are excluded by expression of disclaimer, such as &#8220;as is,&#8221; &#8220;with all faults,&#8221; or other language that in common understanding calls the buyer&#8217;s attention to the exclusion of warranties.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248611,"text":"With respect to a purchaser of a cooperative interest for a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, nor shall any disclaimer of implied warranties of quality be effective as to defects in materials or construction as to any unit, brought to the attention of the declarant within two years from the date of the first conveyance of the cooperative interest associated with such unit, or as to any such defect in the common elements brought to the attention within two years (i) after that common element has been completed or, if later, (ii) after the first cooperative interest has been conveyed in the cooperative. The first conveyance of a cooperative interest associated with a unit situated in real estate subject to development rights shall be treated as the first conveyance of a cooperative interest in the cooperative for the purposes of the preceding sentence as to any such defects in the common elements within that real estate. A declarant, and any person in the business of selling cooperative interests 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 became a part of the basis of the bargain.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14195,"edition_id":1,"name":"Protection of Cooperative Purchasers","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":13509,"metadata":{},"date_created":"2026-06-26 03:47:14","date_modified":"2026-06-26 03:47:14","permalink":{"id":247337,"object_type":"structure","relational_id":14195,"identifier":"4","token":"55.1\/IV\/21\/4","url":"\/55.1\/IV\/21\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13509,"edition_id":1,"name":"Virginia Real Estate Cooperative Act","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:45:06","date_modified":"2026-06-26 03:45:06","permalink":{"id":247109,"object_type":"structure","relational_id":13509,"identifier":"21","token":"55.1\/IV\/21","url":"\/55.1\/IV\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12914,"edition_id":1,"name":"Common Interest Communities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":246473,"object_type":"structure","relational_id":12914,"identifier":"IV","token":"55.1\/IV","url":"\/55.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69207,"structure_id":14195,"section_number":"55.1-2153","catch_line":"Applicability; waiver","url":"\/55.1-2153\/","token":"55.1\/IV\/21\/4\/55.1-2153","metadata":false},{"id":80903,"structure_id":14195,"section_number":"55.1-2154","catch_line":"Liability for public offering statement; requirements","url":"\/55.1-2154\/","token":"55.1\/IV\/21\/4\/55.1-2154","metadata":false},{"id":57013,"structure_id":14195,"section_number":"55.1-2155","catch_line":"Public offering statement; general provisions","url":"\/55.1-2155\/","token":"55.1\/IV\/21\/4\/55.1-2155","metadata":false},{"id":68806,"structure_id":14195,"section_number":"55.1-2156","catch_line":"Public offering statement; cooperatives subject to development rights","url":"\/55.1-2156\/","token":"55.1\/IV\/21\/4\/55.1-2156","metadata":false},{"id":71522,"structure_id":14195,"section_number":"55.1-2157","catch_line":"Public offering statement; time-shares","url":"\/55.1-2157\/","token":"55.1\/IV\/21\/4\/55.1-2157","metadata":false},{"id":74617,"structure_id":14195,"section_number":"55.1-2158","catch_line":"Public offering statement; cooperatives containing conversion building","url":"\/55.1-2158\/","token":"55.1\/IV\/21\/4\/55.1-2158","metadata":false},{"id":84882,"structure_id":14195,"section_number":"55.1-2159","catch_line":"Public offering statement; cooperative securities","url":"\/55.1-2159\/","token":"55.1\/IV\/21\/4\/55.1-2159","metadata":false},{"id":66392,"structure_id":14195,"section_number":"55.1-2160","catch_line":"Purchaser's right to cancel","url":"\/55.1-2160\/","token":"55.1\/IV\/21\/4\/55.1-2160","metadata":false},{"id":56734,"structure_id":14195,"section_number":"55.1-2161","catch_line":"Repealed","url":"\/55.1-2161\/","token":"55.1\/IV\/21\/4\/55.1-2161","metadata":false},{"id":66987,"structure_id":14195,"section_number":"55.1-2162","catch_line":"Escrow of deposits","url":"\/55.1-2162\/","token":"55.1\/IV\/21\/4\/55.1-2162","metadata":false},{"id":69847,"structure_id":14195,"section_number":"55.1-2163","catch_line":"Release of liens","url":"\/55.1-2163\/","token":"55.1\/IV\/21\/4\/55.1-2163","metadata":false},{"id":71295,"structure_id":14195,"section_number":"55.1-2164","catch_line":"Conversion buildings","url":"\/55.1-2164\/","token":"55.1\/IV\/21\/4\/55.1-2164","metadata":false},{"id":84401,"structure_id":14195,"section_number":"55.1-2165","catch_line":"Express warranties of quality","url":"\/55.1-2165\/","token":"55.1\/IV\/21\/4\/55.1-2165","metadata":false},{"id":85949,"structure_id":14195,"section_number":"55.1-2166","catch_line":"Implied warranties of quality","url":"\/55.1-2166\/","token":"55.1\/IV\/21\/4\/55.1-2166","metadata":false},{"id":68678,"structure_id":14195,"section_number":"55.1-2167","catch_line":"Exclusion or modification of implied warranties of quality","url":"\/55.1-2167\/","token":"55.1\/IV\/21\/4\/55.1-2167","metadata":false},{"id":62130,"structure_id":14195,"section_number":"55.1-2168","catch_line":"Statute of limitations for warranties","url":"\/55.1-2168\/","token":"55.1\/IV\/21\/4\/55.1-2168","metadata":false},{"id":82381,"structure_id":14195,"section_number":"55.1-2169","catch_line":"Effect of violation on rights of action; attorney fees; arbitration of disputes","url":"\/55.1-2169\/","token":"55.1\/IV\/21\/4\/55.1-2169","metadata":false},{"id":81822,"structure_id":14195,"section_number":"55.1-2170","catch_line":"Labeling of promotional material","url":"\/55.1-2170\/","token":"55.1\/IV\/21\/4\/55.1-2170","metadata":false},{"id":55380,"structure_id":14195,"section_number":"55.1-2171","catch_line":"Declarant's obligation to complete and restore","url":"\/55.1-2171\/","token":"55.1\/IV\/21\/4\/55.1-2171","metadata":false},{"id":64364,"structure_id":14195,"section_number":"55.1-2172","catch_line":"Substantial completion of units","url":"\/55.1-2172\/","token":"55.1\/IV\/21\/4\/55.1-2172","metadata":false}],"previous_section":{"id":85949,"structure_id":14195,"section_number":"55.1-2166","catch_line":"Implied warranties of quality","url":"\/55.1-2166\/","token":"55.1\/IV\/21\/4\/55.1-2166","metadata":false},"next_section":{"id":62130,"structure_id":14195,"section_number":"55.1-2168","catch_line":"Statute of limitations for warranties","url":"\/55.1-2168\/","token":"55.1\/IV\/21\/4\/55.1-2168","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2167\/","history_text":"<p>This law was first created in 1982. The record of its establishment is cataloged in chapter 277 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0712\">712<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":247395,"object_type":"law","relational_id":68678,"identifier":"55.1-2167","token":"55.1\/IV\/21\/4\/55.1-2167","url":"\/55.1-2167\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2167\/","token":"55.1\/IV\/21\/4\/55.1-2167","dublin_core":{"Title":"Exclusion or modification of implied warranties of quality","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2167","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Except as limited by subsection B with respect to a <span class=\"dictionary\">purchaser<\/span> of a <span class=\"dictionary\">cooperative interest<\/span> for a <span class=\"dictionary\">unit<\/span> that may be used for residential use, implied warranties of quality (i) may be excluded or modified by agreement of the parties and (ii) are excluded by expression of disclaimer, such as &#8220;as is,&#8221; &#8220;with all faults,&#8221; or other language that in common understanding calls the buyer&#8217;s attention to the exclusion of warranties. <a id=\"paragraph-248610\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-2167\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> With respect to a <span class=\"dictionary\">purchaser<\/span> of a <span class=\"dictionary\">cooperative interest<\/span> for a <span class=\"dictionary\">unit<\/span> that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, nor shall any disclaimer of implied warranties of quality be effective as to defects in <span class=\"dictionary\">materials<\/span> or construction as to any <span class=\"dictionary\">unit<\/span>, brought to the attention of the <span class=\"dictionary\">declarant<\/span> within two years from the date of the first conveyance of the <span class=\"dictionary\">cooperative interest<\/span> associated with such <span class=\"dictionary\">unit<\/span>, or as to any such defect in the <span class=\"dictionary\">common elements<\/span> brought to the attention within two years (i) after that common element has been completed or, if later, (ii) after the first <span class=\"dictionary\">cooperative interest<\/span> has been conveyed in the cooperative. The first conveyance of a <span class=\"dictionary\">cooperative interest<\/span> associated with a <span class=\"dictionary\">unit<\/span> situated in <span class=\"dictionary\">real estate<\/span> subject to <span class=\"dictionary\">development rights<\/span> shall be treated as the first conveyance of a <span class=\"dictionary\">cooperative interest<\/span> in the cooperative for the purposes of the preceding sentence as to any such defects in the <span class=\"dictionary\">common elements<\/span> within that <span class=\"dictionary\">real estate<\/span>. A <span class=\"dictionary\">declarant<\/span>, and any <span class=\"dictionary\">person<\/span> in the business of selling <span class=\"dictionary\">cooperative interests<\/span> for his own account, may disclaim liability in an instrument signed by the <span class=\"dictionary\">purchaser<\/span> for a specified defect or specified failure to comply with applicable <span class=\"dictionary\">law<\/span>, if the defect or failure entered into became a part of the basis of the bargain. <a id=\"paragraph-248611\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-2167\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nEXCLUSION OR MODIFICATION OF IMPLIED WARRANTIES OF QUALITY (\u00a7 55.1-2167)\n\nA. Except as limited by subsection B with respect to a purchaser of a\ncooperative interest for a unit that may be used for residential use, implied\nwarranties of quality (i) may be excluded or modified by agreement of the\nparties and (ii) are excluded by expression of disclaimer, such as &#8220;as\nis,&#8221; &#8220;with all faults,&#8221; or other language that in common\nunderstanding calls the buyer&#8217;s attention to the exclusion of warranties.\n\nB. With respect to a purchaser of a cooperative interest for a unit that may be\noccupied for residential use, no general disclaimer of implied warranties of\nquality is effective, nor shall any disclaimer of implied warranties of quality\nbe effective as to defects in materials or construction as to any unit, brought\nto the attention of the declarant within two years from the date of the first\nconveyance of the cooperative interest associated with such unit, or as to any\nsuch defect in the common elements brought to the attention within two years (i)\nafter that common element has been completed or, if later, (ii) after the first\ncooperative interest has been conveyed in the cooperative. The first conveyance\nof a cooperative interest associated with a unit situated in real estate subject\nto development rights shall be treated as the first conveyance of a cooperative\ninterest in the cooperative for the purposes of the preceding sentence as to any\nsuch defects in the common elements within that real estate. A declarant, and\nany person in the business of selling cooperative interests for his own account,\nmay disclaim liability in an instrument signed by the purchaser for a specified\ndefect or specified failure to comply with applicable law, if the defect or\nfailure entered into became a part of the basis of the bargain.\n\nHISTORY: 1982, c. 277, \u00a7 55-490; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}