2998

LAWS OF MARYLAND

Ch. 579

(B)  IT IS UNLAWFUL FOR ANY PERSON TO ACT AS PROJECT BROKER
FOR A TIME-SHARE PROJECT UNLESS SUCH PERSON IS A LICENSED REAL
ESTATE BROKER.

(C)  IT IS UNLAWFUL FOR ANY PERSON TO SELL, ADVERTISE, OR
OFFER FOR SALE ANY TIME-SHARE UNLESS SUCH PERSON IS A LICENSED
BROKER, ASSISTANT BROKER, OR SALES PERSON, OR IS EXEMPT FROM
LICENSURE PURSUANT TO ARTICLE 56, § 212(D) OF THE CODE.

(D)  NOTWITHSTANDING SUBSECTION (C), ANY PERSON WHO IS NOT A
LICENSED REAL ESTATE BROKER, ASSOCIATE BROKER, OR SALESMAN MAY BE
EMPLOYED BY THE DEVELOPER OR PROJECT BROKER TO CONTACT BUT NOT
SOLICIT, IN PERSON OR BY TELEPHONE, ANY PERSON TO ATTEND ANY
SALES PRESENTATION CONCERNING A TIME-SHARE PROJECT, PROVIDED
HOWEVER, THAT THE PERSON SO EMPLOYED:

(1)  PERFORMS ONLY CLERICAL TASKS;

(2)  MERELY ARRANGES APPOINTMENTS INDUCED BY OTHERS;
OR

(3)  ONLY PREPARES OR DISTRIBUTES PROMOTIONAL
MATERIALS.

11A-125.

(A)  REMEDIES PROVIDED BY THIS TITLE SHALL BE LIBERALLY
ADMINISTERED TO THE END THAT THE AGGRIEVED PARTY IS PUT IN AS
GOOD A POSITION AS IF THE OTHER PARTY HAD FULLY PERFORMED.
HOWEVER, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES MAY NOT BE
AWARDED EXCEPT AS SPECIFICALLY PROVIDED IN THIS TITLE OR BY OTHER
RULE OF LAW.

(B)  A COURT, UPON FINDING AS A MATTER OF LAW THAT A SALES
CONTRACT OR A CLAUSE IN A CONTRACT WAS UNCONSCIONABLE AT THE TIME
THE CONTRACT WAS MADE, MAY REFUSE TO ENFORCE THE ENTIRE CONTRACT
OR REFUSE TO ENFORCE THE REMAINDER OF THE CONTRACT WITHOUT SUCH
UNCONSCIONABLE CLAUSE OR LIMIT THE APPLICATION OF ANY
UNCONSCIONABLE CLAUSE IN ORDER TO AVOID AN UNCONSCIONABLE RESULT.

(C)  IF A DEVELOPER OR ANY OTHER PERSON FAILS TO COMPLY WITH
ANY PROVISION OF THIS TITLE OR THE TIME-SHARE INSTRUMENT, ANY
PERSON ADVERSELY AFFECTED BY THE FAILURE TO COMPLY HAS A CLAIM
FOR APPROPRIATE RELIEF. PUNITIVE DAMAGES MAY BE AWARDED FOR THE
WILLFUL AND WANTON FAILURE TO COMPLY WITH THIS TITLE. THE COURT
MAY ALSO AWARD REASONABLE ATTORNEY'S FEES TO THE PREVAILING
PARTY.

(D)  ANY PURPORTED CONVEYANCE, ENCUMBRANCE, JUDICIAL SALE,
FORECLOSURE SALE, OR OTHER VOLUNTARY OR INVOLUNTARY TRANSFER OF A
TIME-SHARE MADE WITHOUT THE USE PERIOD WHICH IS PART OF THAT
TIME-SHARE IS VOID.