MARVIN MANDEL, Governor

571

The Commission notes that the reference in
this section to the "first" person guaranteed
apparently is intended to refer to the "person
guaranteed" as defined in §14-401(f)(1), as
distinguished from a "person guaranteed" under
§14-401(f)(2).

14-404. DUTIES OF GUARANTOR.

(A)   GENERAL DUTY TO FULFILL GUARANTY.

A GUARANTOR SHALL FULFILL HIS GUARANTY ACCORDING TO
ITS TERMS:

(1) WITHIN A REASONABLE TIME; AND

(2) FOR THE STATED PERIOD OF THE GUARANTY OR,
IF SO PERIOD IS STATED, FOR A REASONABLE PERIOD OF TIME,

(B)    DUTY ON FAILURE OF GUARANTY TO DISCLOSE
REQUIRED INFORMATION.

IF A GUARANTY FAILS TO DISCLOSE THE INFORMATION
REQUIRED BY §14-403, THE GUARANTOR SHALL, WITHOUT CHARGE
AND WITHIN A REASONABLE PERIOD OF TIME:

(1)    REPAIR A MALFUNCTIONING OR DEFECTIVE
CONSUMER PRODUCT; OR

(2)   IF REPAIR IS NOT COMMERCIALLY PRACTICABLE
OR CANNOT BE TIMELY MADE, REPLACE THE MALFUNCTIONING OR
DEFECTIVE CONSUMER PRODUCT.

(C)   DUTY TO EXPLAIN REASONS FOR DELAY IN FULFILLING
GUARANTY.

IF A GUARANTOR IS UNABLE TO FULFILL THE TERMS OF THE
GUARANTY WITHIN 10 DAYS OF THE TENDER OR DELIVERY OF A
CONSUMER PRODUCT TO THE GUARANTOR, HE SHALL PROVIDE ON
REQUEST OF THE PERSON GUARANTEED A BRIEF WRITTEN
EXPLANATION OF THE REASONS FOR THE DELAY.

REVISOR'S NOTE: This section presently appears as
Art. 83, §170.

The provisions dealing with the extension of a
guarantor's duties to "subsequent persons" is
deleted as unnecessary in light of the
definition of "person guaranteed."

The only other changes are in style.

14-405. DEFENSES AVAILABLE TO GUARANTOR.