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Session Laws, 1990 Session
Volume 436, Page 3076   View pdf image (33K)
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BY repealing and reenacting, with amendments,
Article - Real Property
Section 10-204
Annotated Code of Maryland
(1988 Replacement Volume and 1989 Supplement)

BY adding to

Article - Real Property

Section 10-601 through 10-610, inclusive, to be under the new subtitle "Subtitle

6. New Home Warranties"
Annotated Code of Maryland
(1988 Replacement Volume and 1989 Supplement)

BY repealing and reenacting, with amendments,
Article - Commercial Law
Section 13-301(14)
Annotated Code of Maryland
(1983 Replacement Volume and 1989 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Real Property

10-204.

(a) If any warranty provided for in this subtitle is breached, the court may award
legal or equitable relief, or both, as justice requires.

(b) Unless an express warranty specifies a longer period of time, the warranties
provided for in this subtitle expire:

(1) In the case of a dwelling completed at the time of the delivery of the
deed to the original purchaser, one year after the delivery or after the taking of
possession by the original purchaser, whichever occurs first; [and]

(2) In the case of a dwelling not completed at the time of delivery of the
deed to the original purchaser, one year after the date of the completion or taking of
possession by the original purchaser, whichever occurs first[.]; AND

(3) IN THE CASE OF STRUCTURAL DEFECTS AS DEFINED IN §
10 601 OF THE REAL PROPERTY ARTICLE,
2 YEARS AFTER THE DATE OF
COMPLETION, DELIVERY, OR TAKING POSSESSION, WHICHEVER OCCURS
FIRST.

(c) The warranties provided under this section do not expire on the subsequent
sale of a dwelling by the original purchaser to a subsequent purchaser, but continue to
protect the subsequent purchaser until the warranties provided under subsection (b) of

- 3076 -


 

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Session Laws, 1990 Session
Volume 436, Page 3076   View pdf image (33K)
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