Annotated Code of Maryland

(1996 Replacement Volume and 1998 Supplement)

BY repealing and reenacting, with amendments,
Article - Real Property
Section 11-131
Annotated Code of Maryland

(1996 Replacement Volume and 1998 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Real Property

10- 203.

(a) Except as provided in subsection (b) or unless excluded or modified
pursuant to subsection (d), in every sale, warranties are implied that, at the time of
the delivery of the deed to a completed improvement or at the time of completion of an
improvement not completed when the deed is delivered, the improvement is:

(1) Free from faulty materials;

(2) Constructed according to sound engineering standards;

(3) Constructed in a workmanlike manner; and

(4) Fit for habitation.

(b) The warranties of subsection (a) do not apply to any condition that an
inspection of the premises would reveal to a reasonably diligent purchaser at the time
the contract is signed.

(c) If the purchaser, expressly or by implication, makes known to the vendor
the particular purpose for which the improvement is required, and it appears that the
purchaser relies on the vendor's skill and judgment, there is an implied warranty that
the improvement is reasonably fit for the purpose.

(d) Neither words in the contract of sale, nor the deed, nor merger of the
contract of sale into the deed is effective to exclude or modify any implied warranty.
However, if the contract of sale pertains to an improvement then completed, an
implied warranty may be excluded or modified wholly or partially by a written
instrument, signed by the purchaser, setting forth in detail the warranty to be
excluded or modified, the consent of the purchaser to exclusion or modification, and
the terms of the new agreement with respect to it.

11- 131.

(A) THE IMPLIED WARRANTIES PROVIDED IN THIS SECTION MAY NOT BE
EXCLUDED OR MODIFIED.

[(a)] (B) (1) The [provisions of] WARRANTIES PROVIDED IN §§ 10-202 and
10-203 of this article apply to all sales by developers under this title. For the