MARVIN MANDEL, Governor

589

is in no way intended to change the existing
law, merely to clarify it.

(E) SECONDHAND WATCH.

"SECONDHAND WATCH" MEANS:

(1)    A WATCH OR THE CASE OR MOVEMENT OF A
WATCH WHICH HAS BEEN SOLD PREVIOUSLY TO A CONSUMER; OR

(2)   ANY WATCH OF WHICH THE CASE OR MOVEMENT
SERIAL NUMBER OR OTHER DISTINGUISHING NUMBER OR
IDENTIFICATION MARK HAS BEEN ERASED, DEFACED, REMOVED,
ALTERED, OR COVERED.

REVISOR'S NOTE:   This subsection presently appears as

Art. 27, §224(c), except for the proviso

clause in    §224(c) (1) which is now contained in
§10-702.

In present §224 (c)(2), the use of the plural —
"watch whose...numbers or...marks have been
erased..." — raises the question of whether
the section intended that all such numbers or
marks be removed before the definition would
apply. By use of the singular in this
subsection, the Commission has resolved the
ambiguity in favor of the consumer.

The only other changes are in style.

(F) SELL.

"SELL" INCLUDES EXCHANGE OR OFFER OR DISPLAY FOR
SALE OR EXCHANGE.

REVISOR'S NOTE: This subsection is new language
derived without substantive change from the
last sentence of Art. 27, §225.

14-702. APPLICABILITY OF SUBTITLE.

(A) EXCEPTION.

THIS SUBTITLE DOES NOT APPLY TO A SECONDHAND WATCH
WHICH HAS BEEN SOLD PREVIOUSLY TO A CONSUMER AND IS
RETURNED TO THE SELLER FOR EXCHANGE OR CREDIT, IF THE
SELLER KEEPS A WRITTEN RECORD WHICH SETS FORTH:

(1)   THE NAME AND ADDRESS OF THE CONSUMER;

(2)   THE DATE OF THE SALE TO THE CONSUMER;

(3) THE NAME OF THE WATCH OR ITS MAKER; AND