Md. Code Regs. 09.01.09.01

Current through Register Vol. 51, No. 8, April 19, 2024

Section 09.01.09.01 - Disclosure by Builders Not Participating in New Home Warranty Security Plan

A. The disclosure shall be printed in at least 12-point type.

B. The disclosure shall read as follows:

Maryland law requires a builder who does not participate in a new home warranty security plan to make the following disclosure as part of the contract for sale or construction of a new home.

Builders of new homes, in the State of Maryland, are required to be registered with the Consumer Protection Division of the Office of the Attorney General unless they build new homes exclusively in Montgomery County. In that case, they are required to register with the Montgomery County Office of Consumer Affairs.

I do not participate in a new home warranty security plan. Therefore, the buyer may be afforded only certain limited implied warranties as are provided by law.

Maryland law requires me to either disclose any actual knowledge that I have of any hazardous or regulated materials which are present on the site of the new home or to state that I am making no representations or warranties as to whether any hazardous or regulated materials are present on the site of the new home.

I have actual knowledge that the following hazardous or regulated materials are present on the site of the new home.

__ Asbestos __ Lead-Based Paint __ Radon __ Methane __ Underground Storage Tanks __ Licensed Landfills __ Unlicensed Landfills __ Licensed Rubble Fills __ Unlicensed Rubble Fills

Other Hazardous or Regulated Materials and Other Environmental Hazards Present on the Site: ____________________________________________________________________

__ I have no actual knowledge of any hazardous or regulated material present on the site of the new home.

__ I am making no representations or warranties as to whether there is any hazardous or regulated material on the site of the new home.

The buyer has the right to change the buyer's mind and to rescind this contract. If the buyer decides to discontinue this contract, the buyer must notify the builder in writing, within 5 working days from the date the buyer signs the contract. Upon rescission, the buyer is entitled to a refund of any monies paid to the builder for the new home.

The buyer acknowledges that the builder does not participate in a new home warranty security plan and that the buyer has read and understands the above disclosure.

______________________________ ______________________________ Signature of Buyer Date

Md. Code Regs. 09.01.09.01

Regulations .01 amended as an emergency provision effective January 1, 2000 (26:27 Md. R. 2013); amended permanently effective May 1, 2000 (27:8 Md. R. 798)
Regulations .01 amended as an emergency provision effective January 1, 2001 (28:2 Md. R. 97); emergency status expired June 1, 2001; amended permanently effective June 25, 2001 (28:12 Md. R. 1105)
Regulations .01 adopted as an emergency provision effective January 1, 1991 (18:2 Md. R. 142); emergency status expired July 31, 1991
Regulations .01 adopted as an emergency provision effective October 29, 1991 (18:23 Md. R. 2481); emergency status expired April 30, 1992; adopted permanently effective June 8, 1992 (19:11 Md. R. 1013)