RCW 64.90.675 Implied warranties of quality—Exclusion or modification.
(1) Except as limited under subsection (2) of this section with respect to a purchaser of a condominium unit that may be used for residential use, implied warranties of quality under RCW 64.90.670:
(a) May be excluded or modified by written agreement of the parties; and
(b) Are excluded by written expression of disclaimer, such as "as is," "with all faults," or other language that in common understanding calls the buyer's attention to the exclusion of warranties.
(2) With respect to a purchaser of a condominium unit that may be used for residential use, no disclaimer of implied warranties of quality under RCW 64.90.670 is effective, except that a declarant and any dealer may disclaim liability in an instrument for one or more specified defects or failures to comply with applicable law, if:
(a) The declarant or dealer knows or has reason to believe that the specific defects or failures exist at the time of disclosure;
(b) The disclaimer specifically describes the defects or failures;
(c) The disclaimer includes a statement as to the effect of the defects or failures;
(d) The disclaimer is bold faced, capitalized, underlined, or otherwise set out from surrounding material so as to be conspicuous; and
(e) The disclaimer is signed by the purchaser.
(3) A declarant or dealer may not make an express written warranty of quality that limits the implied warranties of quality made to the purchaser set forth in RCW 64.90.670.
[ 2018 c 277 § 416.]
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