422                              Laws of Maryland                    Ch. 151

(b)    It is not necessary to the creation of an express warranty
that formal words such as "warranty" or "guarantee" be used or
that there be a specific intention to make a warranty, but an affirma-
tion merely of the value of the improvement or a statement purport-
ing to be an opinion or commendation of the improvement does not
create a warranty.

(c)    If an express warranty is made under subsection (a), neither
words in the contract of sale, the deed, or other instrument of con-
veyance, nor merger of the contract of sale into the deed or any
other instrument of conveyance shall be effective to exclude or modify
such warranty, provided, however, that at any time after the execu-
tion of the contract of sale such a wararnty WARRANTY may be ex-
cluded or modified in whole or in part by a written instrument, signed
by the buyer, which sets forth in detail the warranty to be excluded, or
modified, the consent of the buyer to such exclusion or modification,
and the terms of the new agreement with respect thereto.

95B.

(a)     Unless excluded or modified pursuant to subsection (c) of
this section, in every sale warranties are implied that the improve-
ment is

(1)    Free from faulty materials,

(2)    Constructed according to sound engineering standards,

(3)    Constructed in a workmanlike manner, and

(4)    Fit for habitation,

at the time of the delivery of the deed to a completed improvement,
or at the time of the completion of an improvement not completed
when the deed is delivered, provided, however, that these warranties
do not apply to any condition that an inspection of the premises
would have revealed to a reasonably diligent buyer at the time the
contract was signed.

(b)    If the buyer, expressly or by implication makes known to the
seller the particular purpose for which the improvements are re-
quired, and it appears that the buyer relies on the seller's skill and
judgment, there is an implied warranty that the improvement shall
be reasonably fit for such purpose.

(c)    Neither words in the contract of sale, the deed, or other in-
strument of conveyance, nor merger of the contract of sale into
the deed or any other instrument of conveyance shall be effective
to exclude or modify the implied warranties, provided, however, that
if the contract of sale pertains to an improvement then completed,
such warranties may be excluded or modified in whole or in part by
a written instrument, signed by the buyer, which sets forth in detail
the warranty to be excluded or modified, the consent of the buyer to
such exclusion or modification, and the terms of the new agreement
with respect thereto.

(d) The implied warranties provided for under this Section shall

extend to subsequent buyers to whom a reasonably diligent inspec-

tion of the premises would not have revealed the breach of such

warranty and who did not in fact discover it before delivery of the

deed to them.