reglab/housing_qa huggingface dataset:
27 V.S.A. § 4-110
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-110. Escrow of deposits

§ 4-110. Escrow of deposits|Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to subsection 4-102(c) of this title shall be placed in escrow and held either in this state or in the state where the unit is located in an account designated solely for that purpose by a licensed real estate broker, an attorney licensed in that state or a banking institution the accounts of which are insured by an agency or instrumentality of the government until the deposit is:  (1) delivered to the declarant at closing; (2) delivered to the declarant after the purchaser's default under a contract to purchase; or (3) refunded to the purchaser. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 4-111
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-111. Release of liens

§ 4-111. Release of liens|(a) In the case of a sale of a unit where delivery of a public offering statement is required pursuant to subsection 4-102(c) of this title, before conveying a unit, a seller shall:  (1) record or furnish to the purchaser releases of all liens, except liens on real estate that a declarant has the right to withdraw from the common interest community, which the purchaser does not expressly agree to take subject to or assume and which encumber:  (A) in a condominium, that unit and its common element interest; and (B) in a planned community, that unit and any limited common elements assigned to it; or  (2) provide a surety bond or substitute collateral for or insurance against the lien.   (b) Before conveying real estate to the association, the declarant shall have that real estate released from:  (1) all liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units; and (2) all other liens on that real estate unless the public offering statement describes certain real estate which may be conveyed subject to liens in specified amounts. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 4-113
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-113. Express warranties of quality

§ 4-113. Express warranties of quality|(a) Express warranties made by a declarant to a purchaser of a unit are created as follows:  (1) Any affirmation of fact or promise which relates to the unit, its use or rights appurtenant to it, area improvements to the common interest community that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the common interest community warranties conformity of the unit and related rights and uses. (2) Any model or description of the physical characteristics of the common interest community, including plans and specifications of or for improvements, creates an express warranty that the common interest community will conform to the model or description, unless the model or description clearly discloses that it is only proposed or is subject to change. (3) Any description of the quantity or extent of the real estate comprising the common interest community, including plats or surveys warranties conformity of the common interest community to the description, subject to customary tolerances. (4) A provision that a purchaser may put a unit only to a specified use warranties the legality of the specified use.   (b) Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty is 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.(c) A conveyance of a unit transfers to the purchaser all express warranties of quality made by the declarant. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 45, eff. Jan. 1, 2012.)
27 V.S.A. § 4-114
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-114. Implied warranties of quality

§ 4-114. Implied warranties of quality|(a) A declarant and any dealer warrant that a unit 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.(b) A declarant and any dealer impliedly warrant that a unit and the common elements in the common interest community 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 common interest community, will be:  (1) free from defective materials; and (2) constructed in accordance with applicable law, according to sound engineering and construction standards, and in a workerlike manner.   (c) In addition, a declarant and any dealer warrant to a purchaser 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 time of conveyance or delivery of possession, whichever is earlier.(d) Warranties imposed by this section may be excluded or modified as specified in section 4-113 of this title.(e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant.(f) A conveyance of a unit transfers to the purchaser all the declarant's implied warranties of quality. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 4-115
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-115. Exclusion or modification of implied warranties of quality

§ 4-115. Exclusion or modification of implied warranties of quality|(a) Except as limited by subsection (b) of this section, with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality:  (1) may be excluded or modified by agreement of the parties; and (2) are excluded by express disclaimer, such as "as is," "with all faults," or other language that implies the exclusion of warranties.   (b) With respect to a purchaser of a unit 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 purchaser for a specified defect or specified failure to comply with applicable law, if the defect or failure was a part of the basis of the bargain. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 4-116
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-116. Statute of limitations for warranties

§ 4-116. Statute of limitations for warranties|(a) Unless a period of limitation is tolled under section 3-111 of this title or affected by subsection (d) of this section, a judicial proceeding for breach of any obligation arising under section 4-113 or 4-114 of this title shall be commenced within six years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than two years. An agreement to reduce the six-year period shall be evidenced by a separate instrument executed by the purchaser.(b) Subject to subsection (c) of this section, a cause of action for breach of warranty of quality, regardless of the purchaser's lack of knowledge of the breach, accrues:  (1) as to a unit, at the time the purchaser 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 (2) as to each common element, at the time the common element is completed or, if later, as to:  (A) a common element that may be added to the common interest community or portion of it, at the time the first unit is conveyed to a bona fide purchaser; or (B) a common element within any other portion of the common interest community, at the time the first unit is conveyed to a bona fide purchaser.    (c) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the common interest community, 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.(d) During the period of declarant control, the association may authorize an independent committee of the executive board to evaluate and enforce by any lawful means warranty claims involving the common elements, and to compromise those claims. Only members of the executive board elected by unit owners other than the declarant and other persons appointed by those independent members may serve on the committee, and the committee's decision must be free of any control by the declarant or any member of the executive board or officer appointed by the declarant. All costs reasonably incurred by the committee, including attorney's fees, are common expenses, and must be added to the budget annually adopted by the association under section 3-115 of this title. If the committee is so created, the period of limitation for a warranty claim considered by the committee begins to run from the date of the first meeting of the committee. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 46, eff. Jan. 1, 2012.)
27 V.S.A. § 4-117
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-117. Effect of violations on rights of action

§ 4-117. Effect of violations on rights of action|(a) A declarant, association, unit owner, or any other person subject to this title may bring an action to enforce a right granted or obligation imposed by this title, the declaration, or the bylaws. The court may award reasonable attorney fees and costs.(b) Parties to a dispute arising under this title, the declaration, or the bylaws may agree to resolve the dispute by any form of binding or nonbinding alternative dispute resolution, but:  (1) a declarant may agree with the association to do so only after the period of declarant control has expired unless the agreement is made with an independent committee of the executive board elected pursuant to subsection 4-116(d) of this title; and (2) an agreement to submit to any form of binding alternative dispute resolution must be in a record authenticated by the parties. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 47, eff. Jan. 1, 2012.)
27 V.S.A. § 4-118
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-118. Labeling of promotional material

§ 4-118. Labeling of promotional material|No promotional material may be displayed or delivered to prospective purchasers which describes an improvement which is not in existence unless the description of the improvement in the promotional material is conspicuously labeled or identified either as "must be built" or as "need not be built."  (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 4-119
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-119. Declarant's obligation to complete and restore

§ 4-119. Declarant's obligation to complete and restore|(a) Unless an improvement is labeled "need not be built," the declarant shall complete all improvements depicted on any site plan or other graphic representation, if the site plan or other graphic representation is contained in the public offering statement or in any promotional material distributed by or for the declarant.(b) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the common interest community, of any portion of the common interest community affected by the exercise of rights reserved pursuant to or created by section 2-110, 2-111, 2-112, 2-113, 2-115, or 2-116 of this title. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
27 V.S.A. § 4-120
2021 Vermont Statutes|Title 27A - Uniform Common Interest Ownership Act (1994)|Article 4 - Protection of Purchasers|§ 4-120. Substantial completion of units

§ 4-120. Substantial completion of units|If delivery of a public offering statement is required for the sale of a unit, a contract of sale may be executed, but interest in that unit shall be conveyed only after the declaration is recorded and the unit is substantially completed, as evidenced by a recorded certificate of substantial completion executed by an independent architect, professional surveyor, or engineer, or by issuance of a certificate of occupancy. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
28 V.S.A. § 1
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 1 - Purposes, Construction, and General Definitions|§ 1. Purposes

§ 1. Purposes|(a) The Department of Corrections created by 3 V.S.A. § 3081 shall have the purpose of developing and administering a correctional program designed to protect persons and property against offenders of the criminal law and to render treatment to offenders with the goal of achieving their successful return and participation as citizens of the State and community, to foster their human dignity and to preserve the human resources of the community.(b) The Department shall formulate its programs and policies recognizing that almost all criminal offenders ultimately return to the community, and that the traditional institutional prisons fail to reform or rehabilitate, operating instead to increase the risk of continued criminal acts following release. The Department shall develop and implement a comprehensive program that will provide necessary closed custodial confinement of frequent, dangerous offenders, but that also will establish as its primary objective the disciplined preparation of offenders for their responsible roles in the open community. The Department shall ensure that the comprehensive program required by this subsection includes a process by which each offender sentenced to any term of imprisonment other than for life without parole, within 30 days after receiving his or her sentence, shall begin to develop and implement a plan preparing for return to the community.(c) In order to implement its programs and policies the Department shall develop and maintain correctional facilities that shall include both residence-centered institutions and facilities reflecting nonresidence principles designed to facilitate the reintegration of the offender into the community. These facilities shall utilize the supporting resources of probation and parole services, the increased cooperation of personnel in the fields of welfare, health, and education, and the increased participation of the citizens of the State in attempts to achieve correctional purposes and objectives. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2005, No. 63, § 17.)
28 V.S.A. § 2
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 1 - Purposes, Construction, and General Definitions|§ 2. Construction

§ 2. Construction|(a) The provisions of this title shall be liberally construed in order to effectuate the general purposes stated in section 1 of this title.(b) The discretionary powers authorized by this title shall be exercised in accordance with the criteria stated in the title. If these criteria are not dispositive in a particular instance, the general purposes established in section 1 of this title shall be controlling. (Added 1971, No. 199 (Adj. Sess.), § 20.)
28 V.S.A. § 2a
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 1 - Purposes, Construction, and General Definitions|§ 2a. Restorative justice

§ 2a. Restorative justice|(a) State policy. It is the policy of this State that principles of restorative justice be included in shaping how the criminal justice system responds to persons charged with or convicted of criminal offenses, and how the State responds to persons who are in contempt of child support orders. The policy goal is a community response to a person's wrongdoing at its earliest onset, and a type and intensity of sanction tailored to each instance of wrongdoing. Policy objectives are to:  (1) Resolve conflicts and disputes by means of a nonadversarial community process. (2) Repair damage caused by criminal acts to communities in which they occur, and to address wrongs inflicted on individual victims. (3) Reduce the risk of an offender committing a more serious crime in the future, that would require a more intensive and more costly sanction, such as incarceration.   (b) Implementation. It is the intent of the General Assembly that law enforcement officials develop and employ restorative justice approaches whenever feasible and responsive to specific criminal acts, pursuant to 3 V.S.A. §§ 163 and 164, concerning court diversion; 13 V.S.A. chapter 221, concerning sentencing; and the provisions of this title, concerning persons in the custody of the Commissioner of Corrections. It is the further intent of the General Assembly that such restorative justice programs be designed to encourage participation by local community members, including victims, when they so choose, as well as public officials, in holding offenders accountable for damage caused to communities and victims, and in restoring offenders to the law-abiding community, through activities:  (1) That require offenders to:  (A) acknowledge wrongdoing and apologize to victims; (B) make restitution for damage to the victims, consistent with provisions of 13 V.S.A. chapter 221 and of this title; (C) make reparation for damage to the community by fulfilling a community service; and (D) when relevant, successfully complete treatment addressing the offense or other underlying problematic behavior, or undertake academic or vocational training or other self-improving activity.  (2) That aid in the recovery of victims, recognizing that victims, particularly of violent crime, often suffer lifelong effects and, accordingly, must feel safe and involved in any program offered to assist them. (3) That help in identifying the causes of crime and ways community members and municipal and State government can reduce or prevent crime in the future. (Added 1999, No. 148 (Adj. Sess.), § 62, eff. May 24, 2000; amended 2011, No. 119 (Adj. Sess.), § 8.)
28 V.S.A. § 4
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 1 - Purposes, Construction, and General Definitions|§ 4. Standard measure of recidivism

§ 4. Standard measure of recidivism|The Department shall calculate the rate of recidivism based upon offenders who are sentenced to more than one year of incarceration who, after release from incarceration, return to prison within three years for a conviction for a new offense or a violation of supervision resulting, and the new incarceration sentence or time served on the violation is at least 90 days. (Added 2013, No. 41, § 1, eff. May 20, 2013.)
28 V.S.A. § 101
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 3 - Administration of the Department|§ 101. Powers of the Department

§ 101. Powers of the Department|The Department is charged with the following powers:  (1) to establish, maintain, and administer such State correctional facilities and programs as may be required for the custody, control, correctional treatment, and rehabilitation of committed persons, and for the safekeeping of such other persons as may be committed to the Department in accordance with law; (2) to operate diagnostic and treatment programs and such other programs deemed desirable to treat persons committed to the Department and to further other purposes and objectives of this title; (3) to administer the supervision of persons placed on probation and released on parole and to administer probation and parole services; (4) to employ such officers, employees and agents as deemed necessary to discharge the functions of the Department; (5) to establish standards for the management, operation, personnel, and program of all correctional facilities in the State; (6) to act in an advisory capacity in assisting law enforcement agencies, and communities in the prevention of crime and delinquency; (7) to enforce and administer such other laws as may be vested in the Department; (8) to enter into agreements for assistance in support of the operation of jails or lockups in accordance with criteria established by the Department, and to use the jails or lockups as provided in this title; (9) notwithstanding any other provision of law, the State and the Department shall not be responsible for the expense of detaining a person in custody except as provided in this title; (10) to charter, establish, and fund through grants such municipal entities or nonprofit organizations as may be required for providing crime prevention and restorative justice programs for offenders, victims of crime, and the public. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1981, No. 185 (Adj. Sess.), § 1, eff. April 22, 1982; 1997, No. 147 (Adj. Sess.), § 106b; 1999, No. 148 (Adj. Sess.), § 64, eff. May 24, 2000.)
28 V.S.A. § 103
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 3 - Administration of the Department|§ 103. Inquiries and investigations into the administration of the Department

§ 103. Inquiries and investigations into the administration of the Department|(a) The Commissioner at all times shall have unlimited access to all correctional facilities and to all records and books at the facilities, and may conduct inquiries and investigations concerning all matters under his or her jurisdiction.(b) The Commissioner may seek the cooperation of any judge, prosecuting officer, sheriff, police officer, or other court or law enforcement official or employee possessing information relating to an inquiry or investigation conducted in accordance with subsection (a) of this section.(c) In any inquiry or investigation conducted by the Commissioner, he or she shall have the same powers as are possessed by Superior Court judges in chambers, and which shall include the power to:  (1) administer oaths; (2) compel the attendance of witnesses; and (3) compel the production of documentary evidence.   (d) If any person disobeys any lawful order or subpoena issued by the Commissioner pursuant to this section or refuses to testify to any matter regarding which he or she may be questioned lawfully, any Superior Court judge, upon application by the Commissioner, shall order the obedience of the person in the same manner as if the person had disobeyed an order or subpoena of the Superior Court judge.(e) The fees and traveling expenses of witnesses shall be the same as are allowed witnesses in the Superior Courts of the State and shall be reimbursed by the Commissioner out of any appropriation or funds at the disposal of the Department. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 185.)