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2002 LAWS OF MARYLAND
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Ch. 492
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(2) The owner shall acknowledge in writing that the owner understands
that the builder does not participate in a new home warranty security plan and that
the owner has read and understood the disclosure pursuant to paragraph (1) of this
subsection; and
(3) Any purchase or construction contract entered into which does not
contain the acknowledgment required by paragraph (2) of this subsection is voidable
by the owner.
(b) (1) An owner who has made the acknowledgment described in subsection
(a)(2) of this section may rescind the contract within 5 working days from the date of
the contract by providing the builder with written notice of the owner's rescission of
the contract; and
(2) Upon rescission, the owner shall be entitled to a refund of any money
paid to the builder for the new home.
10-604.
(a) (1) Except for coverage excluded under paragraph (2) of this subsection,
a new home warranty provided under a new home warranty security plan shall
warrant at a minimum that:
(i) For 1 year, beginning on the warranty date, the new home is
free from any defects in materials and workmanship;
(ii) For 2 years, beginning on the warranty date, the new home is
free from any defect in the electrical, plumbing, heating, cooling, and ventilating
systems, except that in the case of appliances, fixtures and items of equipment, the
warranty may not exceed the length and scope of the warranty offered by the
manufacturer; and
(iii) For 5 years, beginning on the warranty date, the new home is
free from any structural defect.
(2) A new home warranty provided under a new home warranty security
plan may exclude the following:
(i) Damage to real property that is not part of the home covered by
the warranty or that is not included in the purchase price of the home;
(ii) Bodily injury or damage to personal property;
(iii) Any defect in materials supplied or work performed by anyone
other than the builder or the builder's employees, agents, or subcontractors;
(iv) Any damage that the owner has not taken timely action to
minimize or for which the owner has failed to provide timely notice to the builder;
(v) Normal wear and tear or normal deterioration;
(vi) Insect damage, except where the builder has failed to use
proper materials or construction methods designed to prevent insect infestation;
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- 3878 -
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