Under what condition can implied warranties be disclaimed?

Implied warranties in residential construction typically include promises about the quality and livability of the property, such as the warranty of habitability or workmanship. Disclaiming these warranties is a legal matter that requires clear communication to the buyer.

The correct choice emphasizes that implied warranties can only be disclaimed if the conditions are made explicitly clear to the buyer. This ensures that the buyer is fully aware of their rights and understands that certain protections are being waived. This transparency is crucial in the legal context, as it helps prevent disputes about the understanding of the transaction and the condition of the property. In cases where the disclaimers are not clearly explained, they may not hold up in court, potentially leaving the seller vulnerable to liability for defects or issues arising from the property.

Other options do not fully address the key requirements for disclaiming implied warranties. While having a written disclaimer is important in many contexts, simply including a disclaimer in the contract without proper explanation might not suffice if the buyer does not understand its implications. Similarly, being informed verbally or the seller being a licensed agent does not inherently validate the disclaimer without clear and comprehensive communication to the buyer about what is being waived.