5435
MONTGOMERY COUNTY

OF REAL PROPERTY LOCATED IN MONTGOMERY COUNTY SHALL
CONTAIN A PROVISION NOTIFYING PROSPECTIVE PURCHASERS OF
THEIR RIGHT TO REVIEW APPLICABLE MASTER PLANS OR THE
GENERAL PLAN. PROSPECTIVE PURCHASERS SHALL INDICATE IN
WRITING THAT THEY HAVE BEEN OFFERED THE OPPORTUNITY TO
REVIEW THE APPLICABLE MASTER PLAN OR THE GENERAL PLAN AND
THAT THEY HAVE EITHER VIEWED THE SAME OR HAVE WAIVED THAT
PRIVILEGE.

40-11. DISCLOSURE REQUIRED.

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 DISCLOSE TO
THE PROSPECTIVE PURCHASER, OR IF MORE THAN ONE PURCHASER,
TO AT LEAST ONE OF THE PURCHASERS, PRIOR TO THE ENTERING
INTO OF A CONTRACT FOR SALE OF SUCH PROPERTY, THE
RELATIVE LOCATION OF ANY AIRPORT OR HELIPORT, AS DEFINED
IN THE COUNTY ZONING ORDINANCE, EXISTING WITHIN A FIVE
MILE RADIUS OF THE PROPERTY.

40-12. OTHER DISCLOSURE REQUIREMENTS NOT AFFECTED.

NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED
TO SUPERSEDE OR OTHERWISE AFFECT ANY OBLIGATION OR DUTY
OF A REAL ESTATE AGENT OR BROKER TO FULLY DISCLOSE ALL
SPECIFIC FACTS RELEVANT TO OR AFFECTING THE SUBJECT
PROPERTY, WHICH ARE NOW IMPOSED OR MAY HEREAFTER BE
IMPOSED BY STATE OR LOCAL LAW OR REGULATION OF THE
MARYLAND STATE OR LOCAL REAL ESTATE COMMISSION.

40-13. APPLICATION.

THIS ARTICLE SHALL BE EFFECTIVE THROUGHOUT THE
COUNTY EXCEPT IN ANY INCORPORATED TOWN, VILLAGE OR OTHER
MUNICIPALITY WHICH BY LAW HAS AUTHORITY TO ENACT A LAW ON
THE SAME SUBJECTS COVERED BY THIS ARTICLE. IF ANY SUCH
INCORPORATED TOWN, VILLAGE OR OTHER MUNICIPALITY SHALL
ADOPT THIS ARTICLE AND BEQUEST THE COUNTY TO ENFORCE THE
PROVISIONS THEREOF WITHIN ITS CORPORATE LIMITS, THE
COUNTY SHALL THEREAFTER ADMINISTER AND ENFORCE THE SAME
WITHIN SUCH INCORPORATED TOWN, VILLAGE OR MUNICIPALITY.

40-14. PENALTY.

ANY PERSON WHO SHALL VIOLATE ANY PROVISION OF THIS
ARTICLE SHALL BE GUILTY OF A MISDEMEANOR AND, UPON
CONVICTION THEREOF, SHALL BE SUBJECT TO A FINE OR NOT
MORE THAN ONE THOUSAND DOLLARS ($1000.00).

SECTION 2. Severability.