Wayzata, Minn., Code of Ordinances ch. 813 § 813.08
Exclusion or Modification of Implied Warranties
Operative Text
Except as limited by the following paragraph, implied warranties may be excluded or modified by agreement of the parties, and they are excluded by expressions of disclaimer, such as "as is," "with all faults" or other language which in common understanding calls the buyer's attention to the exclusion of warranties. With respect to a purchaser of a unit which may be occupied for residential use, no general disclaimer of implied warranties shall be effective, but a declarant may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain.
Wayzata Code of Ordinances ch. 813 § 813.08 establishes two tiers of rules for implied warranty disclaimers in condominium or unit sales. In general commercial or non-residential contexts, broad 'as is' or 'with all faults' language can effectively waive implied warranties between parties. However, when a unit is sold for residential use, blanket disclaimers are not enforceable; a declarant can only disclaim liability for a specific, identified defect or legal non-compliance if that particular issue was disclosed and formed part of the agreed basis of the transaction.
Plain English — not legal advice.
Operators and declarants selling residential units in Wayzata should be aware that under § 813.08, general 'as is' disclaimers do not shield them from implied warranty claims on residential sales. Compliant practice typically involves identifying any known specific defects or legal non-compliances in writing, having the purchaser sign an instrument acknowledging those specific issues, and ensuring those disclosures are genuinely part of the negotiated transaction rather than buried boilerplate. Broad, catch-all warranty waivers in purchase agreements for residential units are not a reliable protection under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Purchasers of residential units in Wayzata have meaningful protections under § 813.08: a seller or declarant cannot simply hand you a contract with blanket 'as is' language and extinguish all implied warranties. Only a narrowly tailored, signed disclosure identifying a specific defect or specific legal non-compliance—one that genuinely formed part of the bargain—can limit those warranty rights. Buyers who believe a disclaimer was used improperly may wish to consult a tenant- or consumer-rights organization or review their options with a housing attorney familiar with Wayzata's ordinances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.