WILLIAM DONALD SCHAEFER, Governor Ch. 223
(2) EITHER:

(I) PROVIDE THE NEW HOME WITH A NEW HOME
WARRANTY IF THE BUILDER BELONGS TO A NEW HOME WARRANTY
SECURITY PLAN THAT:

1. REQUIRES THE BUILDER TO ENROLL REGISTER
EVERY NEW HOME THAT THE BUILDER BUILDS; OR

2. DOES NOT REQUIRE THE BUILDER TO ENROLL

REGISTER EVERY NEW HOME BUT THE BUILDER HAS DECIDED TO SELL
THE NEW HOME WITH A NEW HOME WARRANTY; OR

(II) IF THE BUILDER BELONGS TO A NEW HOME
WARRANTY SECURITY PLAN THAT DOES NOT REQUIRE THE BUILDER TO
ENROLL REGISTER EVERY NEW HOME AND THE BUILDER HAS NOT
DECIDED WHETHER OR NOT TO SELL THE NEW HOME WITH A NEW
HOME WARRANTY, GIVE THE OWNER THE OPTION OF:

1. PURCHASING THE NEW HOME WITH THE NEW

HOME WARRANTY PROVIDED BY THE BUILDER'S NEW HOME
WARRANTY SECURITY PLAN; OR

. 2. WAIVING THE RIGHT TO WARRANTY COVERAGE
BY MAKING THE AFFIRMATIVE WAIVER DESCRIBED IN § 10-607 OF THIS
TITLE.

(C) (1) IF THE PURCHASE OR CONSTRUCTION CONTRACT
PROVIDES THAT THE NEW HOME SHALL BE COVERED BY A NEW HOME
WARRANTY UNDER A NEW HOME WARRANTY SECURITY PLAN IT SHALL
CONSTITUTE A MATERIAL BREACH OF THE CONTRACT IF EITHER:

(I) THE BUILDER WAS NOT A PARTICIPANT IN GOOD
STANDING ON THE DATE OF THE CONTRACT WITH A NEW HOME
WARRANTY SECURITY PLAN THAT SATISFIES THE REQUIREMENTS OF §
10-606(A) OF THIS TITLE; OR

(II) THE NEW HOME HAS NOT BEEN REGISTERED IN THE
PLAN ON OR BEFORE THE WARRANTY DATE.

(2) IF THERE HAS BEEN A MATERIAL BREACH OF THE
CONTRACT, THE OWNER SHALL BE ENTITLED TO WHATEVER REMEDIES
ARE PROVIDED BY LAW INCLUDING, BUT NOT LIMITED TO:

(I) RESCISSION OF THE CONTRACT; AND

(II) EXCEPT IN THE CASE OF A CONSTRUCTION CONTRACT
FOR A NEW HOME BUILT ON THE OWNER'S PROPERTY, A REFUND OF
ANY MONEY PAID TO THE BUILDER FOR THE NEW HOME.

(D) (1) THE BUILDER SHALL NOTIFY THE NEW HOME WARRANTY
SECURITY PLAN OF EACH NEW HOME BEING CONSTRUCTED BY THE

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