MARVIN MANDEL, Governor 2177
DEPOSITS MADE ON ACCOUNT OF THE CONTRACT.
(D) ANY SELLER WHO, IN DISCLOSING THE INFORMATION
REQUIRED PURSUANT TO SUBSECTIONS (A) AND (B), MAKES ANY
UNTRUE STATEMENT OF A MATERIAL FACT, OR OMITS TO STATE A
MATERIAL FACT NECESSARY IN ORDER TO MAKE THE STATEMENTS
MADE, IN THE LIGHT OF CIRCUMSTANCES UNDER WHICH THEY WERE
MADE, NOT MISLEADING, SHALL BE LIABLE TO ANY PERSON
PURCHASING A UNIT FROM HIM. HOWEVER, NO ACTION MAY BE
MAINTAINED TO ENFORCE ANY LIABILITY CREATED UNDER THIS
SECTION UNLESS BROUGHT WITHIN ONE YEAR AFTER THE FACTS
CONSTITUTING THE CAUSE OF ACTION ARE OR SHOULD HAVE BEEN
DISCOVERED.
(E) THE RIGHTS OF PURCHASERS UNDER THIS SECTION
MAY NOT BE WAIVED IN THE CONTRACT OF SALE AND ANY
ATTEMPTED WAIVER IS VOID. HOWEVER, IF ANY PURCHASER
PROCEEDS TO CLOSING, HIS RIGHT UNDER THIS SECTION TO
RESCIND IS TERMINATED.
(F) THE REQUIREMENTS OF THIS SECTION DO NOT APPLY
TO THE SALE OF ANY UNIT WHICH IS TO BE OCCUPIED AND USED
FOR NON-RESIDENTIAL PURPOSES.
(G) THE REQUIREMENTS OF THIS SECTION SHALL APPLY
TO THE SALE OF ANY UNIT OFFERED FOR SALE IF THE STATE
WITHOUT REGARD TO THE LOCATION OF THE CONDOMINIUM,
11-125. LEASES OF RECREATIONAL FACILITIES AND MANAGEMENT
AND SIMILAR CONTRACTS.
WITHIN THREE YEARS FOLLOWING THE DATE ON WHICH UNITS
HAVE BEEN GRANTED BY THE DEVELOPER TO UNIT OWNERS HAVING
A MAJORITY OF THE VOTES IN THE CONDOMINIUM, ANY LEASE,
AND ANY MANAGEMENT CONTRACT, EMPLOYMENT CONTRACT, OR
OTHER CONTRACT AFFECTING THE USE, MAINTENANCE OR ACCESS
OF ALL OR PART OF THE CONDOMINIUM ENTERED INTO PRIOR TO
THE DATE TO WHICH THE COUNCIL OF UNIT OWNERS IS A PARTY
MAY BE TERMINATED BY A MAJORITY VOTE OF THE COUNCIL OF
UNIT OWNERS WITHOUT LIABILITY FOR THE TERMINATION. THE
TERMINATION SHALL BECOME EFFECTIVE UPON 30 DAY'S WRITTEN
NOTICE OF THE TERMINATION FROM THE COUNCIL OF UNIT
OWNERS.
11-126. CERTAIN PROVISIONS VOID.
ANY PROVISION OF A DECLARATION OR OTHER INSTRUMENT
MADE PURSUANT TO THIS TITLE WHICH REQUIRES THE OWNER OF A
UNIT TO ENGAGE OR EMPLOY THE DEVELOPER OR ANY SUBSIDIARY
OR AFFILIATE OF THE DEVELOPER FOR THE PURPOSE OF
EFFECTING A SALE OR LEASE OF ANY UNIT IS VOID. ANY
PROVISION OF ANY CONTRACT FOR THE SALE OF ANY UNIT WHICH
REQUIRES THE PURCHASER TO ENGAGE OR EMPLOY THE VENDOR OR
ANY SUBSIDIARY OR AFFILIATE OF THE VENDOR FOR THE PURPOSE
|