MARVIN MANDEL, Governor                                    381

RESPECT TO IT.

REVISOR'S NOTE: This section presently appears as
Art. 21, §10-202 of the Code. The only
changes are in style.

10-203. IMPLIED WARRANTIES; EXCLUSION OR MODIFICATION OF
IMPLIED WARRANTY.

(A)   IMPLIED WARRANTIES.

EXCEPT AS PROVIDED IN SUBSECTION (B) OR UNLESS
EXCLUDED OR MODIFIED PURSUANT TO SUBSECTION (D) , IN EVERY
SALE, 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)   EXCEPTION.

THE WARRANTIES OF SUBSECTION (A) DO 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)    IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE.

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)   EXCLUSION OR MODIFICATION OF IMPLIED WARRANTY.

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.
HOWEVER, 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