594

LADS OF MARYLAND

[Ch. 49

"REPOSSESSED," OR "REBRANDED AND USED," AS THE CASE MAY
BE.

REVISOR'S NOTE: This subsection combines without
substantive change the first two sentences of
Art. 27, §214A(a).

The words "announcement of any kind" are
deleted as unnecessary in light of the broad
term "advertisement."

14-803. PENALTY; PRESUMPTION.

(A)   PENALTY.

ANY PERSON WHO, WITH THE INTENT TO DECEIVE A
PURCHASER, VIOLATES ANY PROVISION OF THIS SUBTITLE IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A
FINE NOT EXCEEDING $1,000.

(B)   PRESUMPTION.

A PERSON IS PRESUMED TO HAVE THE REQUISITE INTENT TO
DECEIVE IF HE FAILS TO COMPLY WITH ANY PROVISION OF THIS
SUBTITLE.

REVISOR'S NOTE: This subsection is new language
derived without substantive change from Art.
27, §214A(b) and (c).

In subsection (a) of this section, the words
"who has offered such merchandise for sale to
the public" are deleted as unnecessary since
only that class of persons has a duty under
the provisions of this subtitle.

In subsection (b) of this section, the words
"agent, employee or sales representative
thereof" are deleted as unnecessary in light
of the reference to these persons in §14—802.
Reference to a "prospective" purchaser is
deleted as unnecessary since the words
"potential purchaser" express the same
meaning.

The alternate minimum penalty of a $100 fine
presently contained in Art. 27, §214(b) is
deleted to conform to the statement of
legislative policy contained in Art. 27, §643,
as repealed and re—enacted by Ch. 181, Acts of
1972. That section sets forth the general
rule that, notwithstanding a prescribed
minimum penalty, the Court may nevertheless
impose a lesser penalty of the same character.