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H.B. 811
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PARRIS N. GLENDENING, Governor
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(2) EXHAUST ANY REMEDIES AVAILABLE UNDER A NEW HOME
WARRANTY ISSUED BY A THIRD PARTY INSURED WARRANTY COMPANY, PURSUANT
TO TITLE 10, SUBTITLE 6 OF THE REAL PROPERTY ARTICLE.
(C) (1) THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION DO NOT
APPLY TO THIS SUBSECTION.
(2) (I) A CONSUMER MAY FILE A COMPLAINT WITH THE DIVISION
UNDER TITLE 13 OF THIS ARTICLE UPON PROVIDING PROOF TO THE DIVISION THAT A
CONDITION OR DEFECT TO A NEW HOME THAT SUBJECTS THE PERSON'S LIFE,
SAFETY, OR WELL-BEING TO IMMINENT DANGER.
(II) THE DIVISION'S INVESTIGATION OF A COMPLAINT FILED
UNDER THIS PARAGRAPH SHALL BE LIMITED SOLELY TO THE CONDITION OR DEFECT
THAT SUBJECTS THE PERSON'S LIFE, SAFETY, OR WELL-BEING TO IMMINENT
DANGER
(3) A CONSUMER MAY FILE A COMPLAINT WITH THE DIVISION UNDER
TITLE 13 OF THIS ARTICLE IF THE CONSUMER HAS OBTAINED A FINAL JUDGMENT
AGAINST A HOME BUILDER AND THE HOME BUILDER HAS FAILED TO SATISFY THAT
JUDGMENT.
(D) WHEN A CONSUMER SUBMITS A CLAIM TO ARBITRATION UNDER
SUBSECTION (B) OF THIS SECTION, ANY PERFORMANCE STANDARDS OR GUIDELINES
REFERENCED IN THE CONTRACT OF SALE FOR THE NEW HOME PURSUANT TO 5
14-117(J)(2)(III) OF THE REAL PROPERTY ARTICLE SHALL PREVAIL APPLY IN THE
ARBITRATION.
(E) UPON FILING A COMPLAINT TO SUBSECTION (A) ABOVE, A CONSUMER
SHALL HAVE THE RIGHT TO REQUEST THAT THE DIVISION INVOKE THE
CONCILIATION PROCESS SET FORTH IN 13-402 OF THIS ARTICLE.
(E) (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO
THE CONTRARY, AT ANY TIME BEFORE FILING A COMPLAINT UNDER SUBSECTION (A)
OF THIS SECTION, A CONSUMER MAY REQUEST THAT AN ALLEGED DISPUTE
BETWEEN THE CONSUMER AND A HOME BUILDER THAT MEETS THE REQUIREMENTS
OF SUBSECTION (A)(1) THROUGH (3) OF THIS SECTION OR § 13-301 OF THIS ARTICLE,
BE SUBMITTED TO THE CONCILIATION PROCESS AVAILABLE THROUGH THE
DIVISION SET FORTH IN § 13-402 OF THIS ARTICLE.
(2) THE FILING OF A COMPLAINT BY THE CONSUMER UNDER § 13-401 OF
THIS ARTICLE IS NOT A PREREQUISITE TO A CONSUMER INVOKING THE
CONCILIATION PROCESS UNDER PARAGRAPH (1) OF THIS SUBSECTION.
(3) THE RESULT OF A CONCILIATION PROCESS;
(I) MAY NOT BE DEEMED AS A COMPLAINT FILED WITH THE
DIVISION AGAINST THE HOME BUILDER; AND
(II) DOES NOT WAIVE THE REQUIREMENTS OF THIS SECTION
REGARDING FILING A COMPLAINT WITH THE DIVISION.
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- 4531 -
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