Me. Rev. Stat. » Title 33
Maine Revised Statutes

Me. Rev. Stat. tit. 33, § 1604-113 (2026)

Implied warranties of quality

✓ current as of May 2026
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(a) A declarant and any person in the business of selling real estate for his own account warrants that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.   [PL 1981, c. 699 (NEW).]
(b) A declarant and any person in the business of selling real estate for his own account impliedly warrants that a unit and the common elements in the condominium are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by him, or made by any person before the creation of the condominium, will be:  
(1) Free from defective materials; and   [PL 1981, c. 699 (NEW).]
(2) Constructed in accordance with applicable law, according to sound engineering and construction standards and in a workmanlike manner. Construction complying with the National Building Code and Code Administrators (BOCA), Basic Building Code or equivalent applicable local building code, if any, shall be deemed to satisfy such sound engineering or construction standards.   [PL 1981, c. 699 (NEW).]
(c) In addition, a declarant warrants to a purchaser from him of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.   [PL 1981, c. 699 (NEW).]
(d) Warranties imposed by this section may be excluded or modified as specified in section 1604‑114.   [PL 1981, c. 699 (NEW).]
(e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant, section 1601‑103, paragraph (1), are made or contracted for by the declarant.   [PL 1981, c. 699 (NEW).]
(f) Any conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality.   [PL 1981, c. 699 (NEW).]
SECTION HISTORY
PL 1981, c. 699 (NEW).
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Notes of Decisions
Cited in 3 cases, 2000–2020 · leading case: Dunelawn Owners' Ass'n v. Gendreau, 2000 ME 94 (Me. 2000).
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Dunelawn Owners' Ass'n v. Gendreau, 2000 ME 94 (Me. 2000). · cites it 3× “As part of their response to Gendreau’s motion, Dunelawn filed a motion to amend and an amended complaint, adding the electrical contractors as defendants 5 and listing, with respect to Gendreau, separate counts for breach of the Maine Condominium Act’s implied warranties of…”
Speight v. Walters Dev. Co., Ltd., 744 N.W.2d 108 (Iowa 2008). “2000) (citing 33 M.R.S.A. § 1604-113(f)); Keyes v. Guy Bailey Homes, Inc.”
Maples v. Contorakes (Me. Super. Ct 2020). “The Act imposes a six-year statute of limitations for actions alleging a breach of the implied warranty of quality, although the parties may agree in writing to reduce the period to no less than two years. 33 M.”
— Me. Rev. Stat. tit. 33, § 1604-113(f) — 1 case
Speight v. Walters Dev. Co., Ltd., 744 N.W.2d 108 (Iowa 2008). “2000) (citing 33 M.R.S.A. § 1604-113(f)); Keyes v. Guy Bailey Homes, Inc.”
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