WILLIAM DONALD SCHAEFER, Governor                            Ch. 640

(3) PROVIDED TO THE VENDOR BY A REPORT OR OPINION PREPARED
BY A LICENSED ENGINEER, LAND SURVEYOR, GEOLOGIST, WOOD-DESTROYING
INSECT CONTROL EXPERT, CONTRACTOR, OR OTHER HOME INSPECTION EXPERT,
DEALING WITH MATTERS WITHIN THE SCOPE OF THE PROFESSIONAL'S LICENSE OR
EXPERTISE.

(I) (H) (I) (1) A REPORT OR OPINION PREPARED BY AN EXPERT SHALL
SATISFY THE REQUIREMENT OF SUBSECTION (H) (G)(H)(3) OF THIS SECTION IF THE
INFORMATION IS PROVIDED TO THE VENDOR PURSUANT TO A WRITTEN OR ORAL
REQUEST FOR THE INFORMATION.

(2)      IN RESPONDING TO A REQUEST FOR INFORMATION, THE
REPORTING PARTY:

(I)       MAY INDICATE, IN WRITING, AN UNDERSTANDING THAT THE
INFORMATION PROVIDED WILL BE USED IN FULFILLING THE REQUIREMENTS OF
THIS SECTION; AND

(II)     IF SO INDICATING, SHALL INDICATE THE REQUIRED
DISCLOSURES, OR PARTS OF REQUIRED DISCLOSURES, TO WHICH THE
INFORMATION BEING PROVIDED IS APPLICABLE.

(3)      IF THE REPORTING PARTY PROVIDES THE STATEMENT UNDER
PARAGRAPH (2)(II) OF THIS SUBSECTION, THE REPORTING PARTY IS NOT
RESPONSIBLE FOR ANY ITEMS OF INFORMATION, OR PARTS OF ITEMS, OTHER THAN
THOSE EXPRESSLY SET FORTH IN THE STATEMENT.

(J) (I) (J) (1) THE RIGHTS OF A PURCHASER UNDER THIS SECTION MAY
NOT BE WAIVED IN THE CONTRACT OF SALE AND ANY ATTEMPTED WAIVER IS VOID.

(2) ANY RIGHTS OF THE PURCHASER TO TERMINATE THE CONTRACT
PROVIDED BY THIS SECTION ARE WAIVED CONCLUSIVELY IF NOT EXERCISED
BEFORE:

(I)       CLOSING OR OCCUPANCY BY THE PURCHASER, WHICHEVER
OCCURS FIRST, IN THE EVENT OF A SALE; OR

(II)     OCCUPANCY, IN THE EVENT OF A LEASE WITH OPTION TO
PURCHASE.

(K) (J) (K) EACH CONTRACT OF SALE SHALL INCLUDE A CONSPICUOUS
NOTICE ADVISING THE PURCHASER OF THE PURCHASER'S RIGHTS AS SET FORTH IN
THIS SECTION.

(L) (K) (L) (1) THE REAL ESTATE LICENSEE REPRESENTING A VENDOR
OF RESIDENTIAL REAL PROPERTY AS THE LISTING BROKER HAS A DUTY TO INFORM
THE VENDOR OF THE VENDOR'S RIGHTS AND OBLIGATIONS UNDER THIS SECTION.

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