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Session Laws, 1988
Volume 770, Page 1877   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                     Ch. 82

disclosed by subsection (b) of this section concerns property
that is subjected to a declaration by a person who is not
affiliated with the vendor [the requirements of subsection (b) of
this section shall be deemed to have been fulfilled with respect
to the property if:

(i) The vendor gives to the purchaser a
certificate that sets forth the information required to be
disclosed by subsection (b) of this section; and

(ii) The certificate is signed by:

1.  An authorized representative of the
person who subjected the property to the declaration;

2.  The management agent of the homeowners
association; or

3.  An officer or agent who is authorized
to provide information regarding the property.

(2) The vendor shall be entitled to rely upon the
certificate furnished under paragraph (1) of this subsection if
the vendor had, after reasonable investigation, reasonable
grounds to believe, and did believe, at the time the certificate
was provided to the purchaser, that the statements contained in
the certificate were true and that there was no omission to state
a material fact necessary to make the statements contained in the
certificate not misleading.], WITHIN 20 CALENDAR DAYS AFTER
RECEIPT OF A WRITTEN REQUEST FROM THE VENDOR OF SUCH PROPERTY,
AND RECEIPT OF A REASONABLE FEE THEREFOR NOT TO EXCEED THE COST,
IF ANY, OF REPRODUCTION, AN UNAFFILIATED DECLARANT SHALL FURNISH
THE INFORMATION NECESSARY TO ENABLE THE VENDOR TO COMPLY WITH
SUBSECTION (B) OF THIS SECTION; AND NOTIFY THE VENDOR IN WRITING
OF THE INFORMATION THAT IS CONTAINED IN THE DEPOSITORY, AND
FURNISH THE INFORMATION NECESSARY TO ENABLE THE VENDOR TO COMPLY
WITH SUBSECTION (B) OF THIS SECTION; AND

(II) AN UNAFFILIATED DECLARANT MAY NOT BE
REQUIRED TO FURNISH INFORMATION REGARDING A HOMEOWNERS
ASSOCIATION OVER WHICH THE UNAFFILIATED DECLARANT HAS NO CONTROL,
OR WITH RESPECT TO ANY DECLARATION WHICH THE UNAFFILIATED
DECLARANT DID NOT FILE.

(2) A VENDOR IS NOT LIABLE TO THE PURCHASER FOR ANY
ERRONEOUS INFORMATION PROVIDED BY AN UNAFFILIATED DECLARANT, SO
LONG AS THE VENDOR PROVIDES THE PURCHASER WITH A CERTIFICATE
STATING THE NAME OF THE PERSON WHO PROVIDED THE INFORMATION ALONG
WITH AN ADDRESS AND TELEPHONE NUMBER FOR CONTACTING SUCH PERSON.

(E) (1) IN SATISFYING THE REQUIREMENTS OF SUBSECTION (B) OF
THIS SECTION, THE VENDOR SHALL BE ENTITLED TO RELY UPON THE
DISCLOSURES CONTAINED IN THE DEPOSITORY AFTER JUNE 30, 1989.

- 1877 -

 

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Session Laws, 1988
Volume 770, Page 1877   View pdf image
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