HARRY HUGHES, Governor

1177

(I) "WATERPROOFING TECHNIQUE" MEANS ANY SINGLE PROCESS
DESIGNED TO PREVENT OR CONTROL WATER LEAKAGE INTO A HOUSE OR
DWELLING, BUT DOES NOT INCLUDE THE COMBINATION OF TWO OR
MORE PROCESSES.

14-12A-02.

IT IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE WITHIN THE
MEANING OF TITLE 13 OF THIS ARTICLE FOR A SELLER TO:

(1) REPRESENT THAT THE SOIL INJECTION/PRESSURE
PUMPING PROCEDURES IS A WATERPROOFING PROCEDURE OR TECHNIQUE
OR PART OF A WATERPROOFING JOB;

(2) (1) SELL OR OFFER TO SELL ANY BASEMENT
WATERPROOFING SERVICE THAT USES THE SOIL INJECTION/PRESSURE
PUMPING TECHNIQUE EITHER ALONE OR WITH ANY OTHER
WATERPROOFING TECHNIQUE UNLESS THE NEED FOR, EFFECTIVENESS
OF, AND APPROPRIATENESS OF THE METHOD IS ESTABLISHED IN A
WRITTEN SELLER'S ANALYSIS. THE WRITTEN SELLER ANALYSIS
SHALL BE SEPARATE FROM THE SERVICE CONTRACT AND VERIFIED BY
A SIGNED GEO-TECHNICAL ENGINEER'S OR ARCHITECT'S ANALYSIS
FURNISHED TO THE BUYER PRIOR TO THE SALE;

(3) (2) FAIL TO DESCRIBE SEPARATELY AND
CONSPICUOUSLY ON THE SELLER'S ANALYSIS AND THE SERVICE
CONTRACT THE COST OF A SOIL INJECTION/PRESSURE PUMPING
PROCEDURE;

(4) (3) SUBMIT A SELLER'S ANALYSIS TO THE BUYER
THAT THE SELLER KNOWS OR HAS REASON TO KNOW IS FOUNDED ON
INCORRECT FACTS OR CONCLUSIONS;

(5) (4) MISREPRESENT DIRECTLY OR THROUGH AN
AGENT THE NEED FOR, OR THE EFFECTIVENESS OF THE SOIL
INJECTION/PRESSURE PUMPING TECHNIQUE ALONE OR IN CONJUNCTION
WITH OTHER WATERPROOFING TECHNIQUES. THIS SECTION ALSO
APPLIES TO MISREPRESENTATION BY AN ENGINEER IN CONNECTION
WITH THE SALE OF WATERPROOFING SERVICES;

(6) (5) ADVERTISE BASEMENT WATERPROOFING
SERVICES USING THE SOIL INJECTION/PRESSURE PUMPING TECHNIQUE
WITHOUT DISCLOSING IN THE ADVERTISEMENT THAT AN ENGINEER'S
ANALYSIS RECOMMENDING THIS PROCESS IS REQUIRED AS A
CONDITION OF ITS USE AND THAT THE ANALYSIS MUST BE FURNISHED
TO THE BUYER BEFORE A CONTRACT IS SIGNED. THIS DISCLOSURE
SHALL BE IN 10 POINT BOLDFACE TYPE; OR

(7) (6) FAIL TO ITEMIZE ON THE SERVICE CONTRACT
THE INDIVIDUAL COST OF EACH WATERPROOFING TECHNIQUE USED.

14-12A-03.

ANY PERSON WHO VIOLATES ANY PROVISIONS OF THIS SUBTITLE
IS SUBJECT TO THE PENALTIES PROVIDED FOR IN TITLE 13 OF THIS
ARTICLE.