Marvin Mandel, Governor                         423

95C.

(a) In the event of the breach of any of the several warranties
provided for in this subtitle, the court may award such legal or
equitable relief, or both, as justice may require.

(b) Any action arising under this subtitle shall be commenced:
(1) In the case of an improvement completed at the time of the

delivery of the deed to the buyer, within three years after such de-

livery or after the taking of possession by the buyer, whichever occurs
first, and

(2) In the case of an improvement not completed at the time of

delivery of the deed to the buyer, within three years from the date

of completion of the improvement or the taking of possession by
the buyer, whichever occurs first.

(c) Notwithstanding any agreement to the contrary, a seller shall

not be entitled to enforce a contract of sale of any improvement

unless he tenders with the deed or other instrument of conveyance

a bond, with sufficient surety, in an amount at least equal to the

sale price of the improvement conditioned upon the failure of the

seller to satisfy in full any judgment arising under this subtitle and

payable to the seller and his mortgagee as their interests may appear.

Upon the failure of the seller to make such tender, the buyer may

terminate the contract of sale and bring an action for damages suf-

fered by reason of such termination as if such contract had been

breached by the seller.

(B) EXCEPT IN THE CASE OF AN EXPRESS WARRANTY
WHERE A LONGER PERIOD OF TIME IS SPECIFIED, THE
SEVERAL WARRANTIES PROVIDED FOR IN THIS SUBTITLE
SHALL EXPIRE:

(1)     IN THE CASE OF A DWELLING COMPLETED AT THE
TIME OF THE DELIVERY OF THE DEED TO THE BUYER,
ONE YEAR AFTER THE DELIVERY OR AFTER THE TAKING
OF POSSESSION BY THE BUYER, WHICHEVER OCCURS
FIRST, AND

(2)     IN THE CASE OF A DWELLING NOT COMPLETED AT
THE TIME OF DELIVERY OF THE DEED TO THE BUYER,
ONE YEAR AFTER THE DATE OF COMPLETION OR THE
TAKING OF POSSESSION BY THE BUYER, WHICHEVER OC-
CURS FIRST.

ANY ACTION ARISING UNDER THIS SUBTITLE SHALL BE
COMMENCED WITHIN TWO YEARS AFTER DEFECT WAS
DISCOVERED OR SHOULD HAVE BEEN DISCOVERED OR
WITHIN TWO YEARS AFTER THE EXPIRATION OF THE
WARRANTY, WHICHEVER OCCURS FIRST.

95D.

In the event that a seller conveys an improvement to an inter-
mediate vendee for the purpose of evading liabilities to users and
buyers imposed by this subtitle, the seller shall be liable upon the
subsequent sale of the improvement by the intermediate vendee as
if the subsequent sale had been effectuated by the seller without re-
gard to the intervening conveyance.