Vermont § 1357 - Protection of purchasing leaseholders

Full text of Vermont Vermont Statutes Online § 1357 — Protection of purchasing leaseholders, with citation guidance and answers to common questions.

§ 1357. Protection of purchasing leaseholders

  • (a) Express warranties of quality. (1) Express warranties made by a declarant to a purchasing leaseholder of a site, if relied
    upon by the purchasing leaseholder, are created as follows: (A) Any affirmation of fact or promise that relates to the site, its use or rights appurtenant
    to it, area improvements to the mobile home park that would directly benefit the site,
    or the right to use or have the benefit of facilities not located in the mobile home
    park, warranties conformity of the site and related rights and uses. (B) Any model or description of the physical characteristics of the mobile home park,
    including plans and specifications for improvement, warranties conformance of the
    mobile home park to the model or description. (C) Any description of the quantity or extent of the real estate comprising the mobile
    home park, including plats or surveys, warranties conformity of the mobile home park
    to the description, subject to customary tolerances. (D) Any provisions that a purchasing leaseholder may put a site only to specified use
    warranty the legality of the specific use. (2) Neither the use of “warranty” or “guarantee,” nor a specific intention to make a warranty,
    are necessary to create an express warranty of quality, but a statement purporting
    to be merely an opinion or commendation of the real estate or its value does not create
    a warranty. (3) A conveyance of a site transfers to the purchasing leaseholder all express warranties
    of quality made by previous declarants. (b) Implied warranties of quality. (1) A declarant and any dealer warrant that a site will be in at least as good condition
    at the time of the conveyance or delivery of possession, whichever is earlier, as
    it was at the time of contracting, reasonable wear and tear excepted. (2) A declarant and any dealer impliedly warrant that a site and the common elements in
    the mobile home park are suitable for the ordinary uses of real estate of its type
    and that any improvements made or contracted for by him or her, or made by any person
    before the creation of the mobile home park, will be: (A) free from defective materials; and (B) constructed in accordance with applicable law, according to sound engineering and
    construction standards, and in a workerlike manner. (3) In addition, a declarant and any dealer warrant to a purchasing leaseholder of a site
    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 time of conveyance
    or delivery of possession, whichever is earlier. (4) Warranties imposed by this subsection may be excluded or modified as specified in
    subsection (c) of this section. (5) For purposes of this section, improvements made or contracted for by an affiliate
    of the declarant are made or contracted for by the declarant. (6) A conveyance of a site transfers to the purchasing leaseholder all the declarant’s
    implied warranties of quality. (c) Exclusion or modification of implied warranties of quality. (1) Except as limited by subdivision (2) of this subsection, with respect to a purchasing
    leaseholder of a site that may be used for residential use, implied warranties of
    quality: (A) may be excluded or modified by agreement of the parties; and (B) are excluded by express disclaimer, such as “as is,” “with all faults,” or other language
    that implies the exclusion of warranties. (2) With respect to a purchasing leaseholder of a site that may be occupied for residential
    use, no general disclaimer of implied warranties of quality is effective, but a declarant
    and any dealer may disclaim liability in an instrument signed by the purchasing leaseholder
    for a specified defect or specified failure to comply with applicable law, if the
    defect or failure was part of the basis of the bargain. (d) Statute of limitations for warranties. (1) A judicial proceeding for breach of any obligation arising under subsection (a) or
    (b) of this section shall be commenced within six years after the cause of action
    accrues. In the case of a site that may be occupied for residential use, an agreement
    to reduce the six-year period shall be evidenced by separate instrument executed by
    the purchasing leaseholder. (2) Subject to subdivision (3) of this subsection, a cause of action for breach of warranty
    of quality, regardless of the purchasing leaseholder’s lack of knowledge of the breach,
    accrues: (A) as to a site, at the time the purchasing leaseholder to whom the warranty is first
    made enters into possession if a possessory interest was conveyed or at the time of
    acceptance of the instrument of conveyance if a nonpossessory interest was conveyed;
    and (B) as to each common element, at the time the common element is completed or, if later,
    as to: (i) a common element that may be added to the mobile home park or portion of it, at the
    time the first site is conveyed to a bona fide purchasing leaseholder; or (ii) a common element within any other portion of the common interest community, at the
    time the first site is conveyed to a bona fide purchasing leaseholder. (3) If a warranty of quality explicitly extends to future performance or duration of any
    improvement or component of the mobile home park, the cause of action accrues at the
    time the breach is discovered or at the end of the period for which the warranty explicitly
    extends, whichever is earlier. (Added 1993, No. 97, § 1.)

Source: official Vermont text · Last verified 2026-08-27

Frequently Asked Questions About Vermont § 1357

What does Vermont Statutes Online § 1357 cover?

Section 1357 ("Protection of purchasing leaseholders") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 1357?

A common citation format is "Vermont Statutes Online § 1357" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 1357 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.