                                 CODE OF VIRGINIA

EXCLUSION OR MODIFICATION OF IMPLIED WARRANTIES OF QUALITY (§ 55.1-2167)

A. 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.

B. 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.

HISTORY: 1982, c. 277, § 55-490; 2019, c. 712.