1392

LAWS OF MARYLAND

Ch. 358

(i) That any alteration to the unit or to the

limited common elements assigned to the unit violates any

provision of the declaration, bylaws, or rules and regulations;
[and]

(ii) Of any violation of the health or building

codes with respect to the unit or the limited common elements
assigned to the unit; AND

(III) THAT THE UNIT IS SUBJECT TO AN EXTENDED
LEASE UNDER § 11-137 OF THIS TITLE OR UNDER LOCAL LAW, AND IF SO,
A COPY OF THE LEASE MUST BE PROVIDED.

(c) (1) The council of unit owners, within 20 days after a
written request by a unit owner and receipt of a reasonable fee
therefor, if any, shall furnish a certificate containing the
information necessary to enable the unit owner to comply with
subsection (a). A unit owner providing a certificate under
subsection (a) is not liable to the purchaser for any erroneous
information provided by the council of unit owners and included
in the certificate.

(2) WITH RESPECT TO THE REMAINING INFORMATION THAT
THE UNIT OWNER IS REQUIRED TO DISCLOSE UNDER SUBSECTION (A) OF
THIS SECTION THAT IS NOT PROVIDED BY THE COUNCIL OF UNIT OWNERS
AND INCLUDED IN THE CERTIFICATE, A UNIT OWNER IS NOT LIABLE TO
THE PURCHASER UNDER THIS SECTION IF THE OWNER HAD, AFTER
REASONABLE INVESTIGATION, REASONABLE GROUNDS TO BELIEVE, AND DID
BELIEVE, AT THE TIME THE INFORMATION WAS PROVIDED TO THE
PURCHASER, THAT THE STATEMENTS WERE TRUE AND THAT THERE WAS NO
OMISSION TO STATE A MATERIAL FACT REQUIRED TO BE STATED OR
NECESSARY TO MAKE THE STATEMENTS NOT MISLEADING. A UNIT OWNER IS
LIABLE UNDER THIS SECTION FOR THOSE DAMAGES PROXIMATELY CAUSED BY
THE UNTRUE STATEMENT OR OMISSION OF A MATERIAL FACT.:

(I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH, IS LIABLE TO THE PURCHASER UNDER THIS SECTION FOR
DAMAGES PROXIMATELY CAUSED BY:

1. AN UNTRUE STATEMENT ABOUT A MATERIAL
FACT; AND

2. AN OMISSION OF A MATERIAL FACT THAT IS
NECESSARY TO MAKE THE STATEMENTS MADE NOT MISLEADING, IN LIGHT OF
THE CIRCUMSTANCES UNDER WHICH THE STATEMENTS WERE MADE; AND

(II) IS NOT LIABLE TO THE PURCHASER UNDER THIS
SECTION IF THE OWNER HAD, AFTER REASONABLE INVESTIGATION,
REASONABLE GROUNDS TO BELIEVE, AND DID BELIEVE, AT THE TIME THE
INFORMATION WAS PROVIDED TO THE PURCHASER, THAT THE STATEMENTS
WERE TRUE AND THAT THERE WAS NO OMISSION TO STATE A MATERIAL FACT
NECESSARY TO MAKE THE STATEMENTS MADE NOT MISLEADING, IN LIGHT OF
THE CIRCUMSTANCES UNDER WHICH THE STATEMENTS WERE MADE.