WILLIAM DONALD SCHAEFER, Governor                   Ch. 321

PART OF THE PURCHASER, AND THE PURCHASER SHALL BE ENTITLED TO THE
RETURN OF DEPOSITS MADE ON ACCOUNT OF THE CONTRACT.

(C) THE RIGHTS OF A PURCHASER UNDER THIS SECTION MAY NOT BE
WAIVED IN THE CONTRACT AND ANY ATTEMPTED WAIVER IS VOID.
HOWEVER, IF ANY PURCHASER PROCEEDS TO CLOSING THE PURCHASER'S
RIGHT TO RESCIND UNDER THIS SECTION IS TERMINATED.

11B-108.

(A)  ANY VENDOR, REQUIRED UNDER § 11B-105 OR § 11B-106 TO
DISCLOSE INFORMATION TO A PURCHASER, WHO MAKES AN UNTRUE
STATEMENT OF A MATERIAL FACT, OR WHO OMITS TO STATE A MATERIAL
FACT NECESSARY IN ORDER TO MAKE THE STATEMENTS MADE, IN THE LIGHT
OF THE CIRCUMSTANCES UNDER WHICH THEY WERE MADE, NOT MISLEADING,
SHALL BE LIABLE FOR DAMAGES PROXIMATELY CAUSED BY THE UNTRUE
STATEMENT OR OMISSION TO THE PERSON PURCHASING A LOT FROM THAT
VENDOR. HOWEVER, AN ACTION MAY NOT BE MAINTAINED TO ENFORCE A
LIABILITY CREATED UNDER THIS SECTION UNLESS BROUGHT WITHIN ONE
YEAR AFTER THE FACTS CONSTITUTING THE CAUSE OF ACTION HAVE OR
SHOULD HAVE BEEN DISCOVERED.

(B)  A VENDOR MAY NOT BE LIABLE UNDER SUBSECTION (A) IF THE
VENDOR HAD, AFTER REASONABLE INVESTIGATION, REASONABLE GROUNDS TO
BELIEVE, AND DID BELIEVE, AT THE TIME THE INFORMATION REQUIRED TO
BE DISCLOSED UNDER § 11B-105 OR § 11B-106 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 NOT MISLEADING.

11B-109.

(A) (1) IN ADDITION TO THE IMPLIED WARRANTIES ON PRIVATE
DWELLING UNITS UNDER § 10-203 OF THIS ARTICLE AND THE EXPRESS
WARRANTIES ON PRIVATE DWELLING UNITS UNDER § 10-202 OF THIS
ARTICLE, THERE SHALL BE AN IMPLIED WARRANTY TO THE HOMEOWNERS
ASSOCIATION THAT THE IMPROVEMENTS TO COMMON AREAS ARE:

(I)  FREE FROM FAULTY MATERIALS;

(II)  CONSTRUCTED IN ACCORDANCE WITH SOUND
ENGINEERING STANDARDS; AND

(III)  CONSTRUCTED IN A WORKMANLIKE MANNER.

(2) (I) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH
(II) OF THIS PARAGRAPH, IF THE IMPROVEMENTS TO THE COMMON AREA
AREAS WERE CONSTRUCTED BY THE VENDOR, ITS AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS, THEN THE WARRANTY ON
IMPROVEMENTS SHALL BE FROM THE VENDOR OF THE LOTS WITHIN THE
DEVELOPMENT.

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