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Ch. 548
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2005 LAWS OF MARYLAND
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(i) The condition of the property of which the vendor has no actual
knowledge; or
(ii) Other conditions of which the vendor has no actual knowledge.
(2) A vendor is not liable for an error, inaccuracy, or omission in a
disclosure statement made under this section if the error, inaccuracy, or omission was
based upon information that was:
(i) Not within the actual knowledge of the vendor;
(ii) Provided to the vendor by a unit or instrumentality of the State
government or of a political subdivision; or
(iii) Provided to the vendor by a report or opinion prepared by a
licensed engineer, land surveyor, geologist, wood-destroying insect control expert,
contractor, or other home inspection expert, dealing with matters within the scope of
the professional's license or expertise.
[(i)] (J) (1) A report or opinion prepared by an expert shall satisfy the
requirement of subsection [(h)(2)(iii)] (I)(2)(III) of this section if the information is
provided to the vendor pursuant to a written or oral request for the information.
(2) In responding to a request for information, the reporting party:
(i) May indicate, in writing, an understanding that the information
provided will be used in fulfilling the requirements of this section; and
(ii) If so indicating, shall indicate the required disclosures, or parts
of required disclosures, to which the information being provided is applicable.
(3) If the reporting party provides the statement under paragraph (2)(ii)
of this subsection, the reporting party is not responsible for any items of information,
or parts of items, other than those expressly set forth in the statement.
[(])] (K) (1) The rights of a purchaser under this section may not be waived
in the contract of sale and any attempted waiver is void.
(2) Any rights of the purchaser to terminate the contract provided by this
section are waived conclusively if not exercised before:
(i) Closing or occupancy by the purchaser, whichever occurs first,
in the event of a sale; or
(ii) Occupancy, in the event of a lease with option to purchase.
[(k)] (L) Each contract of sale shall include a conspicuous notice advising the
purchaser of the purchaser's rights as set forth in this section.
[(1)] (M) (1) The real estate licensee representing a vendor of residential
real property as the listing broker has a duty to inform the vendor of the vendor's
rights and obligations under this section.
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- 3166 -
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