WILLIAM DONALD SCHAEFER, Governor Ch. 223
10-607.

(A) IF IN ACCORDANCE WITH § 10 604(B)(3) 10-604(B)(2) OF THIS
TITLE AN OWNER DOES NOT WISH TO REQUIRE THAT THE NEW HOME BE
COVERED BY A NEW HOME WARRANTY, THE OWNER SHALL MAKE AN
AFFIRMATIVE WAIVER OF THE COVERAGE AT THE TIME OF THE
PURCHASE OR CONSTRUCTION CONTRACT.

(B) BEFORE AN OWNER MAKES A WAIVER UNDER THIS SECTION,
THE OWNER MUST BE INFORMED IN WRITING BY THE BUILDER OF 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.

(C) AN OWNER WHO HAS MADE AN AFFIRMATIVE WAIVER UNDER
THIS SECTION MAY RESCIND THE WAIVER AND REQUEST A NEW HOME
WARRANTY IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBTITLE
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.

(D) THE WAIVER UNDER THIS SECTION SHALL BE MADE ON A
FORM DETERMINED BY THE SECRETARY AND SHALL CONTAIN A
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

- 817 -