Barker Martin

Condo-HOA Blog - Warranty

Buyer Beware

Many in the homebuilding industry still believe in the notion of caveat emptor or "buyer beware." Unfortunately, many home buyers aren't aware of what they are purchasing. This can be particularly true with first time buyers who are understandably anxious and excited to join the ranks of home-ownership. When it comes to new home warranties, many builders go to great lengths to disclaim limited protections that purchasers might otherwise enjoy. We often see builders offering "Express Warranties" that are more about disclaiming liability than warranting anything. We often hear that a one or two year warranty coupled with a disclaimer of any and all other liability warranty represents the "industry standard." If that truly is the industry standard then the industry is wrong. Most small electronics come with a better warranty than this. read more

When an Oregon "As-is" Condo is not "As-is"

There is no such thing as a truly "as-is" condominium sold by a declarant in Oregon to a first purchaser of a condominium unit. Oregon law, as in many states, provides statutory warranties or disclosure requirements for initial condominium purchasers--for both new condos and conversion condos. read more

Developer Liability for Implied Warranty of Suitability

There are a number of avenues for recovery when a conversion condominium experiences leaks or other problems relating to original construction defects even when the converter did not touch that part of the building. read more

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