§ 76-887 — Express warranties; creation

Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are created as follows:
(a) any written affirmation of fact or written promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the condominium that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the condominium creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;
(b) any written description of the physical characteristics of the condominium or model of amenities, including plans and specifications of or for improvements, creates an express warranty that the condominium will conform to the model or description;
(c) any written description of the quantity or extent of the real estate comprising the condominium, included in the plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary tolerances; and
(d) a provision that a buyer may put a unit only to a specified use is an express warranty that the specified use is lawful at the time of conveyance.
A statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.

Legislative History

Source: Laws 1983, LB 433, § 63; Laws 1984, LB 1105, § 19.