|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2005 LAWS OF MARYLAND
|
|
|
|
|
Ch. 135
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1) (I) [The] EXCEPT AS PROVIDED IN ITEM (II) OF THIS PARAGRAPH
FOR LATENT DEFECTS DISCLOSED UNDER ITEM (1) OF THIS SUBSECTION, THE vendor
makes no representations or warranties as to the condition of the real property or any
improvements on the real property; and
(II) THE VENDOR REPRESENTS AND WARRANTS:
1. THAT THE VENDOR HAS NO ACTUAL KNOWLEDGE OF
LATENT DEFECTS IN THE REAL PROPERTY OR AN IMPROVEMENT TO THE REAL
PROPERTY EXCEPT AS DISCLOSED ON THE RESIDENTIAL PROPERTY DISCLAIMER
STATEMENT;
2. THAT A PURCHASER WOULD NOT REASONABLY BE
EXPECTED TO ASCERTAIN OR OBSERVE THE LATENT DEFECTS BY A CAREFUL VISUAL
INSPECTION OF THE REAL PROPERTY; AND
3. THAT THE LATENT DEFECTS WOULD POSE A DIRECT
THREAT TO THE HEALTH OR SAFETY OF THE PURCHASER OR AN OCCUPANT OF THE
REAL PROPERTY, INCLUDING A TENANT OR INVITEE OF THE PURCHASER; AND
(3) (II) The purchaser will be receiving the real property "as is", with
all defects, INCLUDING LATENT DEFECTS, that may exist, except as otherwise
provided in the contract of sale of THE real property.
[(d)] (E) (1) The residential property disclosure statement shall disclose
those items that, to carry out the provisions of this section, the State Real Estate
Commission requires to be disclosed about the physical condition of the property.
(2) The disclosure form shall include a list of defects, INCLUDING
LATENT DEFECTS, or information of which the vendor has actual knowledge in
relation to the following:
(i) Water and sewer systems, including the source of household
water, water treatment systems, and sprinkler systems;
(ii) Insulation;
(iii) Structural systems, including the roof, walls, floors, foundation,
and any basement;
(iv) Plumbing, electrical, heating, and air conditioning systems;
(v) Infestation of wood-destroying insects;
(vi) Land use matters;
(vii) Hazardous or regulated materials, including asbestos,
lead-based paint, radon, underground storage tanks, and licensed landfills;
(viii) Any other material defects [known to the vendor] OF WHICH
THE VENDOR HAS ACTUAL KNOWLEDGE; and
(ix) Whether the smoke detectors will provide an alarm in the event
of a power outage.
|
|
|
|
|
|
|
|
|
|
- 944 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
