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Session Laws, 2003
Volume 799, Page 714   View pdf image
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Ch. 5

2003 LAWS OF MARYLAND

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Defined terms: "Court" § 14-201

"Person in emergency management service" § 14-201
"Person suffering injury or damage" § 14-201

14-213. INSTALLMENT CONTRACTS FOR PURCHASE OF PROPERTY OR OF LEASE OR
BAILMENT.

(A)     IN GENERAL.

(1)      FOR NONPAYMENT OF AN INSTALLMENT DUE UNDER A CONTRACT
FOR THE PURCHASE OF REAL OR PERSONAL PROPERTY OR A CONTRACT OF LEASE OR
BAILMENT WITH THE OPTION TO PURCHASE THE PROPERTY, A PERSON OR THE
PERSON'S ASSIGNEE MAY NOT EXERCISE A RIGHT OR OPTION UNDER THE CONTRACT
TO RESCIND OR TERMINATE THE CONTRACT OR RESUME POSSESSION OF THE
PROPERTY IF:

(I)      THE PERSON OR THE PERSON'S ASSIGNEE RECEIVED UNDER
THE CONTRACT A DEPOSIT OR INSTALLMENT OF THE PURCHASE PRICE OF THE
PROPERTY FROM ANOTHER PERSON OR THE ASSIGNEE OF THAT PERSON WHO,
AFTER MAKING THE DEPOSIT OR INSTALLMENT, BECAME A PERSON IN EMERGENCY
MANAGEMENT SERVICE OR PERSON SUFFERING INJURY OR DAMAGE; AND

(II)     THE ATTEMPT TO EXERCISE THE RIGHT OR OPTION UNDER THE
CONTRACT OCCURRED WHILE THE PERSON WHO MADE THE DEPOSIT OR
INSTALLMENT WAS A PERSON IN EMERGENCY MANAGEMENT SERVICE OR PERSON
SUFFERING INJURY OR DAMAGE.

(2)      PARAGRAPH (1) OF THIS SUBSECTION DOES NOT APPLY IF A COURT
ALLOWS THE PERSON OR THE PERSON'S ASSIGNEE TO EXERCISE THE RIGHT OR
OPTION UNDER THE CONTRACT.

(3)      THIS SUBSECTION DOES NOT PREVENT THE PARTIES TO A
CONTRACT OR THEIR ASSIGNEES FROM MUTUALLY AGREEING IN AN EXECUTED
WRITING, AFTER THE MAKING OF THE CONTRACT AND DURING OR AFTER THE
PERIOD THAT A PARTY TO THE CONTRACT IS A PERSON IN EMERGENCY
MANAGEMENT SERVICE, TO:

(I)      MODIFY, TERMINATE, OR CANCEL THE CONTRACT; OR

(II)     REPOSSESS OR RETAIN THE PROPERTY PURCHASED OR
RECEIVED BY THAT PARTY UNDER THE CONTRACT.

(B)     ORDER TO REPAY INSTALLMENTS OR STAY OF ACTION.

(1) AFTER A HEARING ON THE ACTION:

(I) THE COURT MAY ORDER THE REPAYMENT OF ALL OR PART OF
ANY PRIOR INSTALLMENT OR DEPOSIT AS A CONDITION OF TERMINATING THE
CONTRACT AND RESUMING POSSESSION OF THE PROPERTY;

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Session Laws, 2003
Volume 799, Page 714   View pdf image
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