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2002 LAWS OF MARYLAND
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Ch. 492
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(c) (1) Unless the [Secretary] DIVISION determines that a shorter notice
period is needed to protect the interests of the builders and owners, the [Secretary]
DIVISION shall give a new home warranty security plan at least 90 days notice that
the [Secretary's] DIVISION'S approval of the plan is being revoked or suspended; and
(2) A new home warranty security plan shall give to its participating
builders at least 60 days' notice of the plan's revocation or suspension, or such shorter
time as specified by the [Secretary] DIVISION if the plan receives less than 90 days'
notice.
10-607.
(a) If in accordance with § 10-604(b)(3) of this subtitle an owner does not wish
to require that the new home be covered by a new home warranty, the owner shall
make an affirmative waiver of the coverage at the time of the purchase or
construction contract.
(b) Before an owner makes a waiver under this section, the owner must be
informed in writing by the builder of the cost, nature, and extent of warranty
coverage that would be provided under the builder's new home warranty security
plan if not waived by the owner.
(c) An owner who has made an affirmative waiver under this section may
rescind the waiver and request a new home warranty in accordance with the
provisions of this subtitle within 3 working days from the date of the contract by
providing the builder with written notice of the owner's rescission of the waiver.
(d) The waiver under this section shall be made on a form determined by the
[Secretary] DIVISION and shall contain a section in which an owner who has made a
waiver may rescind the waiver pursuant to subsection (c) of this section.
(e) The form shall clearly and concisely explain in 12 point boldface type on a
separate piece of paper:
(1) The cost, nature, and extent of warranty coverage that would be
provided under the builder's new home warranty security plan if not waived by the
owner;
(2) That the failure of the owner to make a waiver requires the builder to
provide a new home warranty;
(3) That a builder may not refuse to build a new home for the owner
because the owner refuses to waive warranty coverage;
(4) That 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 most local
jurisdictions] REGISTERED WITH THE CONSUMER PROTECTION DIVISION OF THE
OFFICE OF THE ATTORNEY GENERAL;
(5) 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
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