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WILLIAM DONALD SCHAEFER, Governor Ch. 223
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
this section expire. The warranties provided under this section do not apply to any
defect caused by the original purchaser.
(d) Any action arising under this subtitle shall be commenced within two years
after the defect was discovered or should have been discovered or within two years after
the expiration of the warranty, whichever occurs first.
SUBTITLE 6. NEW HOME WARRANTIES
10-601.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
(B) "APPLIANCES, FIXTURES, AND ITEMS OF EQUIPMENT" MEANS
FURNACES, BOILERS, OIL TANKS AND FITTINGS, AIR PURIFIERS, AIR
HANDLING EQUIPMENT, VENTILATING FANS, AIR CONDITIONING
EQUIPMENT, WATER HEATERS, PUMPS, STOVES, REFRIGERATORS,
GARBAGE DISPOSALS, COMPACTORS, DISHWASHERS, AUTOMATIC DOOR
OPENERS, WASHERS AND DRYERS, BATHTUBS, SINKS, TOILETS, FAUCETS
AND FITTINGS, LIGHTING FIXTURES, CIRCUIT BREAKERS, AND OTHER
SIMILAR ITEMS.
(C) "BUILDER" MEANS ANY PERSON, CORPORATION, PARTNERSHIP
OR OTHER LEGAL ENTITY:
(1) THAT IS ENGAGED IN THE BUSINESS OF ERECTING OR
OTHERWISE CONSTRUCTING A NEW HOME; OR
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