WILLIAM DONALD SCHAEFER, Governor
SECTION IN WHICH AN OWNER WHO HAS MADE A WAIVER MAY RESCIND
THE WAIVER PURSUANT TO SUBSECTION (C) OF THIS SECTION.
(E) THE FORM SHALL CLEARLY AND CONCISELY EXPLAIN IN 12
POINT BOLDFACE TYPE ON A SEPARATE PIECE OF PAPER:
(1) THE COST, NATURE, AND EXTENT OF WARRANTY
COVERAGE THAT WOULD BE PROVIDED UNDER THE BUILDER'S NEW
HOME WARRANTY SECURITY PLAN IF NOT WAIVED BY THE OWNER;
(2) THAT THE FAILURE OF THE OWNER TO MAKE A WAIVER
REQUIRES THE BUILDER TO PROVIDE A NEW HOME WARRANTY;
(3) THAT A BUILDER MAY NOT REFUSE TO BUILD A NEW
HOME FOR THE OWNER BECAUSE THE OWNER REFUSES TO WAIVE
WARRANTY COVERAGE;
(4) THAT THE OWNER SHOULD BE AWARE THAT BUILDERS OF
NEW HOMES IN THE STATE OF MARYLAND ARE NOT REQUIRED TO BE
LICENSED BY THE STATE AND MOST LOCAL JURISDICTIONS;
(5) WITHOUT A NEW HOME WARRANTY OR OTHER EXPRESS
WARRANTIES, THE OWNER MAY BE AFFORDED ONLY CERTAIN LIMITED
IMPLIED WARRANTIES AS ARE PROVIDED BY LAW; AND
(6) THAT AN OWNER WHO HAS MADE AN AFFIRMATIVE
WAIVER OF THE WARRANTY COVERAGE STILL MAY RESCIND THE
WAIVER AND REQUEST A NEW HOME WARRANTY IN ACCORDANCE WITH
THE PROVISIONS OF TITLE 10, SUBTITLE 6 OF THE REAL PROPERTY
ARTICLE, WITHIN 3 WORKING DAYS FROM THE DATE OF THE CONTRACT
BY PROVIDING THE BUILDER WITH WRITTEN NOTICE OF THE OWNER'S
RESCISSION OF THE WAIVER.
10-608.
(1) (A) ANY WARRANTIES PROVIDED IN ACCORDANCE WITH
THE REQUIREMENTS OF THIS SUBTITLE ARE IN ADDITION TO ALL
OTHER IMPLIED OR EXPRESS WARRANTIES PROVIDED BY LAW OR
AGREEMENT.
(2) [B] IN ADDITION TO ANY OTHER PENALTY IMPOSED BY
LAW, THE FAILURE TO COMPLY WITH THE PROVISIONS OF THIS
SUBTITLE OR THE KNOWING MISREPRESENTATION THAT A NEW HOME
WARRANTY EXISTS IS AN UNFAIR AND DECEPTIVE TRADE PRACTICE, AS
DEFINED IN § 13-301 OF THE COMMERCIAL LAW ARTICLE.
10-609.
ANY PERSON THAT KNOWINGLY VIOLATES THE PROVISIONS OF
THIS SUBTITLE OR KNOWINGLY MISREPRESENTS THE EXISTENCE OF A
NEW HOME WARRANTY SHALL BE SUBJECT TO A FINE NOT EXCEEDING
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