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PARRIS N. GLENDENING, Governor
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Ch. 492
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[(p)](O) "Warranty date" means the first day that the owner occupies the
new home, settles on the new home, makes the final contract payment on the new
home, or obtains an occupancy permit for the new home if the home is built on the
owner's property, whichever is earlier.
10-602.
(a) Prior to entering into a contract for sale or construction of a new home, the
builder shall disclose in writing to the owner whether;
(1) The builder participates in a new home warranty security plan
through which:
(i) The builder must provide the owner with a new home warranty;
or
(ii) The builder may provide a new home warranty to the owner at
the owner's option; or
(2) The builder does not participate in a new home warranty security
plan.
(b) The disclosure will be made on a form approved by the [Secretary]
DIVISION.
10-603.
(a) If the builder does not participate in a new home warranty security plan:
(1) The builder must make a disclosure AT THE TIME OF THE PURCHASE
OR CONSTRUCTION CONTRACT containing an explanation in 12 point type that:
(i) The owner should be aware that builders of new homes in the
State of Maryland are [not] required to be [licensed by the State and are not licensed
in most local jurisdictions] REGISTERED WITH THE CONSUMER PROTECTION
DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL;
(ii) Without a new home warranty or other express warranties, the
owner may be afforded only certain limited implied warranties as are provided by
law; and
(iii) 1. Describes any hazardous or regulated materials, including
asbestos, lead-based paint, radon, methane, underground storage tanks, licensed
landfills, unlicensed landfills, licensed rubble fills, unlicensed rubble fills, or other
environmental hazards, present on the site of the new home of which the builder has
actual knowledge; or
2. States that the builder is making no representations or
warranties as to whether there is any hazardous or regulated material on the site of
the new home;
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- 3877 -
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