Marvin Mandel, Governor                         421

title "Forms of Conveyancing," to follow immediately after Section
94 thereof and to be under the new subtitle "Express and Implied
Warranties," providing that under certain circumstances a seller
of improvements upon realty shall be liable for personal injuries
occurring in or upon his improvements, providing that there shall

be express and implied warranties as to the qualities or fitness of

such improvements, continuing after acceptance of the deed and
providing for a waiver of such warranties FOR EXPRESS AND
IMPLIED WARRANTIES AS TO IMPROVEMENTS ON
REALTY and matters generally relating thereto.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Sections 95, 95A, 95B, 95C and 95D be and they are
hereby added to Article 21 of the Annotated Code of Maryland (1966
REPLACEMENT VOLUME AND 1969 Supplement), title "Con-
veyancing," subtitle "Forms of Conveyancing," to follow immediately
after Section 94 thereof and to be under the new subtitle "Express
and Implied Warranties," and all to read as follows:

EXPRESS AND IMPLIED WARRANTIES
95.

As used in this subtitle, unless the context otherwise requires:

1.    "Improvements" includes all fixtures and structures attached
to realty IN THE NATURE OF PRIVATE DWELLING UNITS.

2.    "Realty" includes both free-hold and redeemable lease-hold
estates.

3.    "Seller" means any person or corporation whose business it is
to erect or otherwise create an improvement upon realty, or to whom
a completed improvement has been conveyed for resale in the course
of his (its) business.

4. "Buyer" means the original purchaser of improved realty, and
the heirs, personal representatives, and assigns AND PERSONAL
REPRESENTATIVES of the original purchaser.

"User" means any person lawfully in or upon the improvement.

95A.

(a) Express warranties by a seller are created as follows:

(1)    Any written affirmation of fact or promise which relates to
the improvement and which is made a part of the basis of the bargain
between the seller and the buyer creates an express warranty that
the improvements shall conform to the affirmation or promise.

(2)    Any written description of the improvement, including plans
and specifications thereof, which is made a part of the basis of the
bargain between the seller and the buyer creates an express warranty
that the improvements shall conform to the description.

(3)    Any sample or model which is made a part of the basis of
the bargain between the seller and the buyer creates an express war-
ranty that the improvement shall conform SUBSTANTIALLY to the
sample or model.