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PARRIS N. GLENDENING, Governor Ch. 492
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(vii) Any loss or damage that arises while the home is being used
primarily for nonresidential purposes;
(viii) Any damage to the extent it is caused or made worse by
negligence, improper maintenance or improper operations by anyone other than the
builder or its employees, agents, or subcontractors;
(ix) Any damage to the extent it is caused or made worse by changes
of the grading of the ground by anyone other than the builder, its employees, agents,
or subcontractors; and
(x) Any loss or damage caused by acts of God.
(b) A builder who has disclosed that the builder participates in a new home
warranty security plan shall:
(1) Furnish to the owner at the time of the purchase or construction
contract:
(i) The name and phone number of the builder's new home
warranty security plan;
(ii) Details of the warranty coverage provided under the plan; and
(iii) In a form to be determined by the [Secretary] DIVISION,
evidence that:
1. The builder currently is a participant in good standing
with a plan that satisfies the requirements of § 10-606(a) of this subtitle; and
2. The new home is eligible for registration or has been
registered in the builder's new home warranty security plan;
(2) [(i)] Disclose to the owner [any] AT THE TIME OF THE PURCHASE
OR CONSTRUCTION CONTRACT:
(I) ANY actual knowledge that the builder has of 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; or
(ii) [Disclose to the owner that] 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; and
(3) Either:
(i) Provide the new home with a new home warranty if the builder
belongs to a new home warranty security plan that:
1. Requires the builder to register every new home that the
builder builds; or
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- 3879 -
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