Sec. 47-116. Definitions. As used in this chapter, unless the context otherwise
requires: "Improvement" means any newly constructed single family dwelling unit,
any conversion condominium unit being conveyed by the declarant and any fixture or
structure which is made a part thereof at the time of construction or conversion by any
building contractor, subcontractor or declarant; "purchaser" means the original buyer,
his heirs or designated representatives, of any improved real estate; "real estate" means
any fee simple estate; and "vendor" means any person engaged in the business of erecting
or creating an improvement on real estate, any declarant of a conversion condominium,
or any person to whom a completed improvement has been granted for resale in the
course of his business.
(P.A. 75-637, S. 1; P.A. 80-370, S. 6, 9.)
History: P.A. 80-370 included references to conversion condominiums and declarants of such condominiums.
Cited. 190 C. 299. Cited. 232 C. 666.
Cited. 26 CA 601.
Cited. 35 CS 177.
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Sec. 47-117. Express warranties. (a) Express warranties by a vendor are created
as follows: (1) Any written affirmation of fact or promise which relates to the improvement and is made a part of the basis of the bargain between the vendor and the purchaser
shall create an express warranty that the improvement conforms to such affirmation or
promise; (2) any written description of the improvement, including plans and specifications thereof which is made a part of the basis of the bargain between the vendor and
the purchaser shall create an express warranty that the improvement conforms to such
description; and (3) any sample or model which is made a part of the basis of the bargain
between the vendor and the purchaser shall create an express warranty that the improvement conforms substantially to such sample or model.
(b) No formal words, such as "warranty" or "guarantee", nor any specific intention
to make a warranty shall be necessary to create an express warranty, provided a simple
affirmation of the value of the improvement or a statement purporting to be an opinion
or commendation of the improvement shall not of itself create such a warranty.
(c) No words in the contract of sale or the deed, nor merger of the contract of sale
into such deed shall exclude or modify any express warranty made pursuant to subsection
(a) of this section. Such warranty may, at any time after the execution of the contract
of sale, be excluded or modified wholly or partially by any written instrument, signed
by the purchaser, setting forth in detail the warranty to be excluded or modified, the
consent of the purchaser to such exclusion or modification and the terms of the new
agreement.
(d) An express warranty shall terminate: (1) In the case of an improvement completed at the time of the delivery of the deed to the purchaser, one year after the delivery
or one year after the taking of possession by the purchaser, whichever occurs first; and
(2) in the case of an improvement not completed at the time of delivery of the deed to
the purchaser, one year after the date of the completion or one year after taking of
possession by the purchaser, whichever occurs first.
(P.A. 75-637, S. 2.)
Cited. 196 C. 509. Cited. 232 C. 666.
Subsec. (a):
Subdiv. (1) cited. 11 CA 289.
Subsec. (c):
Clear language of subsec. precluded finding that express new home warranties were effectively disclaimed by language
in sales contract. 62 CA 113.
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Sec. 47-118. Implied warranties. (a) In every sale of an improvement by a vendor
to a purchaser, except as provided in subsection (b) of this section or excluded or modified pursuant to subsection (d) of this section, warranties are implied that the improvement is: (1) Free from faulty materials; (2) constructed according to sound engineering
standards; (3) constructed in a workmanlike manner; and (4) fit for habitation, at the
time of the delivery of the deed to a completed improvement, or at the time of completion
of an improvement not completed when the deed is delivered.
(b) The implied warranties of subsection (a) of this section shall not apply to any
condition that an inspection of the premises would reveal to a reasonably diligent purchaser at the time the contract is signed.
(c) If the purchaser, expressly or by implication, makes known to the vendor the
particular purpose for which the improvement is required, and it appears that the purchaser relies on the vendor's skill and judgment, there is an implied warranty that the
improvement is reasonably fit for the purpose.
(d) Neither words in the contract of sale, nor the deed, nor merger of the contract
of sale into the deed is effective to exclude or modify any implied warranty; provided,
if the contract of sale pertains to an improvement then completed, an implied warranty
may be excluded or modified wholly or partially by a written instrument, signed by the
purchaser, setting forth in detail the warranty to be excluded or modified, the consent
of the purchaser to exclusion or modification, and the terms of the new agreement with
respect to it.
(e) The implied warranties created in this section shall terminate: (1) In the case of
an improvement completed at the time of the delivery of the deed to the purchaser,
one year after the delivery or one year after the taking of possession by the purchaser,
whichever occurs first; and (2) in the case of an improvement not completed at the time
of delivery of the deed to the purchaser, one year after the date of the completion or one
year after taking of possession by the purchaser, whichever occurs first.
(P.A. 75-637, S. 3; P.A. 07-217, S. 178.)
History: P.A. 07-217 made technical changes in Subsec. (a), effective July 12, 2007.
Cited. 196 C. 509. Cited. 212 C. 816. Cited. 215 C. 286. Cited. 232 C. 666.
Cited. 7 CA 435. Cited. 19 CA 280. Cited. 26 CA 601.
Subsec. (a):
Cited. 11 CA 289.
Subsec. (c):
Cited. 11 CA 289.
Subsec. (d):
Language of purported disclaimer of implied new home warranties fell so far short of complying with disclaimer
provisions that court determined "it warrants no further discussion". 62 CA 113.
Subsec. (e):
Statutory one-year limitation relates to the time within which a cause of action must arise, not to the time within which
an implied warranty action must be commenced. 196 C. 509.
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Sec. 47-119. Vendor not to evade by intermediate transfer. Any vendor who
conveys an improvement to an intermediate purchaser to evade the provisions of this
chapter shall be liable to the subsequent purchaser as if the subsequent conveyance had
been effectuated by the vendor to the subsequent purchaser.
(P.A. 75-637, S. 4.)
Cited. 212 C. 816. Cited. 215 C. 286.
Cited. 19 CA 280.
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Sec. 47-120. Warranties created by chapter additional to any other warranties. The warranties created in this chapter shall be in addition to any other warranties
created or implied in law.
(P.A. 75-637, S. 5.)
Cited. 232 C. 527.
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Sec. 47-121. (Formerly Sec. 52-563a). Implied warranty with certificate of occupancy. Subject to the provisions of section 29-265, the issuance by the building department of any municipality of a certificate of occupancy for any newly constructed
single-family dwelling shall carry an implied warranty to the purchaser of such dwelling
from the vendor who constructed it that such vendor has complied with the building
code or the customary application and interpretation of the building code of such municipality. No action shall be brought on such implied warranty but within three years next
from the date of the issuance of such certificate of occupancy.
(1963, P.A. 385; P.A. 75-637, S. 6; P.A. 80-108, S. 2.)
History: P.A. 75-637 referred to vendors rather than to persons, firms or corporations; P.A. 80-108 added qualifying
phrase "subject to the provisions of section 19-400"; Sec. 52-563a transferred to Sec. 47-121 in 1983.
Annotations to former section 52-563a:
Builder-vendor is not liable under this section to subsequent purchasers of home built and sold by him for defective
workmanship in such home. 173 C. 567. Cited. 176 C. 432. Cited. 190 C. 299.
Cited. 1 CA 652.
Cited. 31 CS 316. Section is to be read and construed with chapter 827 (sections 47-116 to 47-120, inclusive) since
that chapter and this section were all part of public act 75-637. 35 CS 177. Cited. Id., 177.
Annotations to present section:
Cited. 196 C. 509. Cited. 232 C. 527.
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Secs. 47-122 to 47-199. Reserved for future use.
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