(1) A donor shall not be liable for any defect or deficiency in the thing or right which forms the subject of his or her gift; provided, this shall not apply to where he or she was aware of such defect or deficiency and has nevertheless failed to inform the donee thereof.
(2) In respect of a gift subject to a charge, the donor shall assume the same liability in respect of warranty as that of a seller to the extent of such charge.