HARRY HUGHES, Governor

1485

(C) (1) TO THE EXTENT THAT A VIOLATION OF ANY
PROVISION OF THIS TITLE AFFECTS A CONSUMER, THAT VIOLATION
SHALL BE WITHIN THE SCOPE OF THE ENFORCEMENT DUTIES AND
POWERS OF THE DIVISION OF CONSUMER PROTECTION OF THE OFFICE
OF THE ATTORNEY GENERAL, AS DESCRIBED IN TITLE 13 OF THE
COMMERCIAL LAW ARTICLE.

(2) THE PROVISIONS OF THIS TITLE SHALL OTHERWISE
BE ENFORCED BY EACH AGENCY OF THE STATE WITHIN THE SCOPE OF
ITS AUTHORITY.

(D) IN ADDITION TO THE PROVISIONS OF SUBSECTION(C)(1)
OF THIS SECTION, A COUNTY, BALTIMORE CITY, MUNICIPALITY, OR
AN AGENCY OF ANY OF THOSE JURISDICTIONS MAY ADOPT, WITHIN
THE SCOPE OF ITS AUTHORITY, MORE STRINGENT PROVISIONS NOT
INCONSISTENT WITH THE PROVISIONS OF THIS SECTION FOR THE
PROTECTION OF A CONSUMER.

(D)  A COUNTY, BALTIMORE CITY, OR INCORPORATED
MUNICIPALITY, OR AN AGENCY OF ANY OF THOSE JURISDICTIONS,
MAY ADOPT LAWS OR ORDINANCES FOR THE PROTECTION OF A
CONSUMER TO THE EXTENT AND IN THE MANNER PROVIDED FOR UNDER
SECTION 13-103 OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE OF
THE ANNOTATED CODE OF MARYLAND.

11-131.

(A) THE PROVISIONS OF §§ 10-202 AND 10-203 OF THE REAL
PROPERTY ARTICLE APPLY TO ALL SALES BY DEVELOPERS UNDER THIS
TITLE. FOR THE PURPOSES OF THIS TITLE, A NEWLY CONSTRUCTED
DWELLING UNIT MEANS A NEWLY CONSTRUCTED OR NEWLY CONVERTED
CONDOMINIUM UNIT AND ITS APPURTENANT UNDIVIDED FEE SIMPLE
INTEREST IN THE COMMON AREAS.

(B) THERE IS AN IMPLIED WARRANTY ON AN INDIVIDUAL UNIT
FROM A DEVELOPER TO A UNIT OWNER.

(C) (B) IN ADDITION TO THE IMPLIED WARRANTIES SET
FORTH IN § 10-203 OF THIS ARTICLE THERE SHALL BE AN EXPRESS
IMPLIED WARRANTY ON AN INDIVIDUAL UNIT FROM A DEVELOPER TO A
UNIT OWNER. THE WARRANTY ON AN INDIVIDUAL UNIT COMMENCES
WITH THE TRANSFER OF TITLE TO THAT UNIT AND EXTENDS FOR A
PERIOD OF 1 YEAR. THE WARRANTY SHALL PROVIDE:

(1)  THAT THE DEVELOPER IS RESPONSIBLE FOR
CORRECTING ANY DEFECTS IN MATERIALS OR WORKMANSHIP IN THE
CONSTRUCTION OF WALLS, CEILINGS, FLOORS, AND HEATING AND AIR
CONDITIONING SYSTEMS IN THE UNIT; AND

(2)  THAT THE HEATING AND ANY AIR CONDITIONING
SYSTEMS HAVE BEEN INSTALLED IN ACCORDANCE WITH ACCEPTABLE
INDUSTRY STANDARDS AND:

(I) THAT THE HEATING SYSTEM IS WARRANTED
TO MAINTAIN A 70° (F) TEMPERATURE INSIDE WITH A 0° (F)
TEMPERATURE OUTSIDE, WITH WINDS NOT EXCEEDING 15 MILES PER
HOUR; AND