5434

COUNTY LOCAL LAWS

property owner, to provide to prospective purchasers the
opportunity to examine applicable master plans or the
General Plan for the County prior to entering into
contracts for sale of such property; to require in
contracts for the sale of real property located in
Montgomery County a provision notifying prospective
purchasers of their right to review applicable plans
pursuant to this Act; to require prospective purchasers
to indicate in writing that they have been offered the
opportunity to review applicable plans and that they have
either viewed the same or have waived that privilege; to
require any agent of a property owner selling real
property located in Montgomery County to disclose to
prospective purchasers, prior to the entering into of any
contract for sale of such property, the location of any
airport or heliport, as defined by the County zoning
ordinance, which is located within a radius of five miles
of the subject property; to provide for the adoption of
Article III by incorporated towns, villages, or
municipalities and for the enforcement thereof by the
County; and to provide for a penalty for the violation of
any provision of this Act.

BE IT ENACTED BY THE COUNTY COUNCIL FOR MONTGOMERY
COUNTY, MARYLAND, that

Sec, 1. A new Article III, title "Sale of Real
Property," consisting of new sections 40—10 through
40—14, is hereby added to Chapter 40, Montgomery County
Code 1972, as amended, to follow immediately after
Section 40—9 thereof, and to read as follows:

ARTICLE III, SALE OF REAL PROPERTY.

40-10. DUTY TO PROVIDE FOR REVIEW OF MASTER PLANS,
ETC.

IT SHALL BE THE DUTY OF THE PROPERTY OWNER'S AGENT
WHEN SELLING EITHER UNIMPROVED OR IMPROVED REAL PROPERTY
LOCATED IN MONTGOMERY COUNTY, WHETHER OR NOT IN A
SUBDIVISION, OR IN THE EVENT AN AGENT IS NOT EMPLOYED, IT
SHALL BE THE DUTY OF THE PROPERTY OWNER, TO PROVIDE TO
THE PROSPECTIVE PURCHASER, OR IF MORE THAN ONE PURCHASER,
TO AT LEAST ONE OF THE PURCHASERS, PRIOR TO THE ENTERING
INTO A CONTRACT OF SALE FOR SUCH PROPERTY, THE
OPPORTUNITY TO EXAMINE THE APPROPRIATE MASTER PLAN FOR
THE AREA INVOLVED, INCLUDING MAPS SHOWING PLANNED LAND
USES, ROADS AND HIGHWAYS, AND THE LOCATION AND NATURE OF
PROPOSED PARKS AND OTHER PUBLIC FACILITIES, AFFECTING THE
PROPERTY, OR IN THE EVENT THAT THERE EXISTS NO AREA
MASTER PLAN AFFECTING THE PROPERTY, THE GENERAL PLAN FOR
THE COUNTY, INCLUDING PLANNED LAND USES, ROADS AND
HIGHWAYS AND THE LOCATION AND NATURE OF PROPOSED PARKS
AND OTHER PUBLIC FACILITIES. ALL CONTRACTS FOR THE SALE