                                 CODE OF VIRGINIA

EXPRESS WARRANTIES OF QUALITY (§ 55.1-2165)

A. Express warranties made by any seller to a purchaser of a cooperative
interest, if relied upon by the purchaser, are created as follows:

   1. Any affirmation of fact or promise that relates to the unit, its use, or
   rights appurtenant to such unit, area improvements to the cooperative that
   would directly benefit the unit, or the right to use or have the benefit of
   facilities not located in the cooperative creates an express warranty that the
   unit and related rights and uses will conform to the affirmation or promise;

   2. Any model or description of the physical characteristics of the
   cooperative, including plans and specifications of or for improvements,
   creates an express warranty that the cooperative will conform to the model or
   description;

   3. Any description of the quantity or extent of the real estate comprising the
   cooperative, including plats or surveys, creates an express warranty that the
   cooperative will conform to the description, subject to customary tolerances;
   and

   4. A provision that a buyer of a cooperative interest may put a unit that is
   part of that cooperative interest only to a specified use is an express
   warranty that the specified use is lawful.

B. Neither formal words, such as &#8220;warranty&#8221; or
&#8220;guarantee,&#8221; 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 real estate or its value does not
create a warranty.

C. Any conveyance of a cooperative interest transfers to the purchaser all
express warranties of quality made by previous sellers.

HISTORY: 1982, c. 277, § 55-488; 2019, c. 712.