reglab/housing_qa huggingface dataset:
MD. Real Property Code Ann. §  9-301 (2021)
2021 Maryland Statutes|Real Property|Title 9 - Statutory Liens on Real Property|Subtitle 3 - Construction Contracts|Section 9-301 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    (1)    “Contract” means an agreement of any kind or nature, express or implied, for doing work or furnishing materials, or both, for or about a building.        (2)    “Contract” includes an agreement for:            (i)    The erection, repair, rebuilding, or improvement of a building;            (ii)    The drilling and installation of wells to supply water;            (iii)    The construction or installation of any swimming pool or fencing;            (iv)    The grading, filling, landscaping, and paving of the premises;            (v)    The installation of waterlines, sanitary sewers, storm drains, or streets; or            (vi)    The erection, repair, rebuilding, or improvement of a wharf.    (c)    “Contractor” means a person who has a contract with an owner.    (d)    “Owner” means:        (1)    The owner of the land; or        (2)    An owner’s tenant for life or for years, provided the tenant enters into the contract with the contractor.    (e)    (1)    “Subcontractor” means a person who has a contract with anyone except the owner or the owner’s agent.        (2)    “Subcontractor” includes a supplier.    (f)    “Undisputed amount” means an amount owed on a contract for which there is no good faith dispute, including any retainage withheld.
MD. Real Property Code Ann. §  9-302 (2021)
2021 Maryland Statutes|Real Property|Title 9 - Statutory Liens on Real Property|Subtitle 3 - Construction Contracts|Section 9-302 - Prompt Payment

    (a)    Except for work done or materials furnished under a contract enumerated in § 9–305 of this subtitle, a contractor or subcontractor who does work or furnishes material under a contract shall be entitled to prompt payment under subsection (b) of this section.    (b)    (1)    If the contract is with an owner, the owner shall:            (i)    If the contract does not provide for specific dates or times of payment, pay to the contractor undisputed amounts owed under the terms of the written contract, within the earlier of:                1.    30 days after the day on which the occupancy permit is granted; or                2.    30 days after the day on which the owner or the owner’s agent takes possession; or            (ii)    If the contract provides for specific dates or times of payment, pay to the contractor undisputed amounts owed within 7 days after the date or time specified in the contract.        (2)    Paragraph (1) of this subsection does not apply to any contract between the contractor and:            (i)    The State;            (ii)    A county;            (iii)    A municipal corporation;            (iv)    A board of education; or            (v)    A public authority or instrumentality.        (3)    If the contract is not with an owner, the contractor or subcontractor shall pay undisputed amounts owed to its subcontractors within 7 days after receipt by the contractor or subcontractor of each payment received for its subcontractors’ work or materials.
MD. Real Property Code Ann. §  9-303 (2021)
2021 Maryland Statutes|Real Property|Title 9 - Statutory Liens on Real Property|Subtitle 3 - Construction Contracts|Section 9-303 - Remedies

    (a)    In this section, “undisputed amounts” includes any retention proceeds that exceed the amount authorized to be retained under § 9–304 of this subtitle.    (b)    In addition to any other remedy provided under any other provision of law, a court of competent jurisdiction, for good cause shown may:        (1)    Award any equitable relief for prompt payment of undisputed amounts that it considers necessary, including the enjoining of further violations; and        (2)    In any action, award to the prevailing party:            (i)    Interest from the date the court determines that the amount owed was due; and            (ii)    Any reasonable costs incurred.    (c)    If a court determines that an owner, contractor, or subcontractor has acted in bad faith by failing to pay any undisputed amounts owed as required under § 9–302 of this subtitle, the court may award to the prevailing party reasonable attorney’s fees.
MD. Real Property Code Ann. §  9-304 (2021)
2021 Maryland Statutes|Real Property|Title 9 - Statutory Liens on Real Property|Subtitle 3 - Construction Contracts|Section 9-304 - Retention Proceeds

    (a)    In this section, “retention proceeds” means money earned but retained under the terms of a contract or subcontract:        (1)    By an owner to guarantee performance of the contract by a contractor;        (2)    By a contractor to guarantee performance of a subcontract by a subcontractor; or        (3)    By a subcontractor to guarantee performance of a subcontract by another subcontractor.    (b)    This section does not apply to:        (1)    A contract in an amount less than $100,000; or        (2)    A contract or subcontract for a project funded wholly or in part by or through the Department of Housing and Community Development.    (c)    Except as provided in this section:        (1)    If a contractor has furnished 100% security to guarantee the performance of a contract and 100% security to guarantee payment for labor and materials, including leased equipment:            (i)    The retention proceeds under the terms of a contract may not exceed 5% of the contract price; and            (ii)    The retention proceeds of any payment due under the terms of a contract from an owner to a contractor may not exceed 5% of the payment;        (2)    The retention proceeds of any payment due under the terms of a contract from a contractor to a subcontractor may not exceed the percentage of retention proceeds from the owner to the contractor; and        (3)    The retention proceeds of any payment due under the terms of a contract from a subcontractor to another subcontractor may not exceed the percentage of retention proceeds from the contractor to the subcontractor.    (d)    This section may not be construed to prohibit the withholding of any amount due:        (1)    From the owner to the contractor if the owner reasonably determines that the contractor’s performance under the contract provides reasonable grounds for withholding the additional amount;        (2)    From the contractor to any subcontractor if the contractor reasonably determines that the subcontractor’s performance under the subcontract provides reasonable grounds for withholding the additional amount; or        (3)    From a subcontractor to another subcontractor if the subcontractor determines that the other subcontractor’s performance under the subcontract provides reasonable grounds for withholding the additional amount.    (e)    Undisputed retention proceeds retained by an owner under this section shall be paid within 90 days after the date of substantial completion, as defined by the applicable contract or subcontract.
MD. Real Property Code Ann. §  9-305 (2021)
2021 Maryland Statutes|Real Property|Title 9 - Statutory Liens on Real Property|Subtitle 3 - Construction Contracts|Section 9-305 - Exceptions

    This subtitle does not:        (1)    Affect the rights of contracting parties under Subtitle 1 of this title;        (2)    Apply to a contract for the construction and sale of a single family residential dwelling;        (3)    Apply to any transaction under the Custom Home Protection Act, Title 10, Subtitle 5 of this article; and        (4)    Apply to a home improvement contract by a contractor licensed under the Maryland Home Improvement Law.
MD. Real Property Code Ann. §  10-101 (2021)
2021 Maryland Statutes|Real Property|Title 10 - Sales of Property|Subtitle 1 - Land Installment Contracts|Section 10-101 - Definitions

    (a)    In this subtitle the following words have the meanings indicated unless otherwise apparent from context.    (b)    “Down payment” means the payment made by the purchaser to the vendor on account of the purchase price at or before the time of the execution of a land installment contract.    (c)    “Land installment contract” means a legally binding executory agreement under which:        (1)    The vendor agrees to sell an interest in property to the purchaser and the purchaser agrees to pay the purchase price in five or more subsequent payments exclusive of the down payment, if any; and        (2)    The vendor retains title as security for the purchaser’s obligation.    (d)    “Property” means improved property or improved chattels real, occupied or to be occupied by the purchaser as a dwelling, or an unimproved, subdivided lot or lots intended to be improved for residential purposes.    (e)    “Purchaser” means a natural person who purchases property subject to a land installment contract, or any legal successor in interest to him regardless of whether the person has entered into an agreement as to extension, default, or refund.    (f)    “Vendor” means any person who makes a sale of property by means of a land installment contract.
MD. Real Property Code Ann. §  10-102 (2021)
2021 Maryland Statutes|Real Property|Title 10 - Sales of Property|Subtitle 1 - Land Installment Contracts|Section 10-102 - Form and Delivery of Land Installment Contracts

    (a)    Every land installment contract shall be evidenced by a contract signed by all parties to it and containing all the terms to which they have agreed.    (b)    At or before the time the purchaser signs the instrument, the vendor shall deliver to him an exact copy and the purchaser shall give the vendor a receipt showing that he has received the copy of the instrument. If the copy was not executed by the vendor at the time the purchaser signed, the vendor shall deliver a copy of the instrument signed by him within 15 days after he receives notice that the purchaser has signed and the purchaser shall give the vendor a receipt showing that he has received the copy. If the vendor fails to deliver the copy within 15 days, the contract signed by the purchaser is void at his option, and the vendor, immediately, on demand, shall refund to the purchaser all payments and deposits that have been made.    (c)    The receipt for the delivery of a copy of a contract shall be printed in 12–point bold type or larger, typewritten or written in legible handwriting. If contained in the contract, the receipt shall be printed, typewritten, or written immediately below the signature on the contract and shall be signed separately.    (d)    Until the purchaser signs a land installment contract and receives a copy signed by the vendor, the purchaser has an unconditional right to cancel the contract and to receive immediate refund of all payments and deposits made on account of or in contemplation of the contract. A request for a refund operates to cancel the contract.    (e)    When any payment or deposit is accepted by the vendor from a purchaser, before the purchaser signs a land installment contract and receives a copy, the vendor immediately shall deliver to him a receipt, which clearly states in 12–point type or larger, in typewriting or in legible handwriting, his rights under subsection (d) of this section.    (f)    Within 15 days after the contract is signed by both the vendor and purchaser, the vendor shall cause the contract to be recorded among the land records of the county where the property lies and shall mail the recorder’s receipt to the purchaser. This duty of recordation and mailing of receipt shall be written clearly or printed on the contract. Failure to do so, or to record as required under this section within the time stipulated, gives the purchaser the unconditional right to cancel the contract and to receive immediate refund of all payments and deposits made on account of or in contemplation of the contract, if the purchaser exercises the right to cancel before the vendor records the contract.
MD. Real Property Code Ann. §  10-104 (2021)
2021 Maryland Statutes|Real Property|Title 10 - Sales of Property|Subtitle 1 - Land Installment Contracts|Section 10-104 - Recordation

    Every land installment contract shall be indexed and recorded among the land records in the office of the clerk of the circuit court of the county where the property which is the subject of the contract is located. With regard to any person who claims any interest in or lien on the property arising after the time of recording, the property is deemed to be held from the time of recording by the then record owner of fee simple or leasehold title to the property, subject to the rights and interest of the purchaser of the contract as stated in the contract.
MD. Real Property Code Ann. §  10-105 (2021)
2021 Maryland Statutes|Real Property|Title 10 - Sales of Property|Subtitle 1 - Land Installment Contracts|Section 10-105 - Purchase Money Mortgage

    (a)    If the contract fixes no earlier period, when 40 percent or more of the original cash price of the property is paid, the purchaser may demand a grant of the premises mentioned in the contract, on the condition that he execute a purchase money mortgage to the vendor, or to a mortgagee procured by the purchaser. If any mortgage is executed pursuant to the purchaser’s demand for grant under this subsection, the purchaser is liable for expenses, such as title search, drawing deed and mortgage, one half of cost of federal and State revenue stamps, notary fees, recording, reasonable building association fees, judgment reports, and tax lien report.    (b)    The periodic principal and interest payments required by the mortgage may not exceed the periodic principal and interest payments otherwise required by the land installment contract, except with the consent of the mortgagor. This consent may be evidenced by the execution of a mortgage.    (c)    The mortgagee may require the usual covenants by the mortgagor for the payment of the mortgage debt, the taxes on the mortgaged property, any ground rent, and the premiums on fire and extended coverage insurance in an amount equal to the mortgage indebtedness, if obtainable, and if not, then in the highest amount of insurance obtainable. The mortgage also may require the usual remedies on default by way of a power of sale to the mortgagee, his assigns, or his attorney or assent to a decree for sale by the mortgagor pursuant to the Maryland Rules, or both.    (d)    The deed and mortgage executed pursuant to this section shall supersede entirely the land installment contract.
MD. Real Property Code Ann. §  10-106 (2021)
2021 Maryland Statutes|Real Property|Title 10 - Sales of Property|Subtitle 1 - Land Installment Contracts|Section 10-106 - Compliance With Terms and Conditions by Purchaser on or Before Date Designated in Notice to Terminate

    If the purchaser, on or before the date designated in a notice from the vendor of intention to terminate a land installment contract due to the purchaser’s default, complies with the terms and conditions in respect to which the default has occurred, the contract continues in full force and effect, notwithstanding any contrary provision in the contract.
MD. Real Property Code Ann. §  10-107 (2021)
2021 Maryland Statutes|Real Property|Title 10 - Sales of Property|Subtitle 1 - Land Installment Contracts|Section 10-107 - Statement to Be Furnished by Vendor

    (a)    Every vendor under a land installment contract shall mail or deliver a statement to the purchaser:        (1)    When 40 percent of the original cash price has been paid; and        (2)    (i)    Annually within 30 days of January 1; or            (ii)    On demand of the purchaser no more than twice a year.    (b)    The statement shall show:        (1)    The total amount paid for any ground rent, insurance, taxes, and any other periodic charge;        (2)    The amount credited to principal and interest; and        (3)    The balance due.
MD. Real Property Code Ann. §  10-108 (2021)
2021 Maryland Statutes|Real Property|Title 10 - Sales of Property|Subtitle 1 - Land Installment Contracts|Section 10-108 - Right of Purchaser to Enforce Provisions of Subtitle

    If a vendor fails to comply with the provisions of § 10-105 or § 10-107 of this subtitle, the purchaser has the right to enforce these sections in a court of equity. If the court finds that the vendor has failed to comply with these provisions, the court shall grant appropriate relief and shall require the vendor to assume all court costs as well as a reasonable counsel fee for the purchaser’s attorney.
MD. Real Property Code Ann. §  10-201 (2021)
2021 Maryland Statutes|Real Property|Title 10 - Sales of Property|Subtitle 2 - Express and Implied Warranties|Section 10-201 - Definitions

    (a)    In this subtitle the following words have the meanings indicated unless otherwise apparent from context.    (b)    “Improvements” includes every newly constructed private dwelling unit, and fixture and structure which is made a part of a newly constructed private dwelling unit at the time of construction by any building contractor or subcontractor.    (c)    “Purchaser” means the original purchaser of improved realty, and the heirs and personal representatives of the original purchaser.    (d)    “Realty” includes both freehold estates and redeemable leasehold estates.    (e)    “Vendor” means any person engaged in the business of erecting or otherwise creating an improvement on realty, or to whom a completed improvement has been granted for resale in the course of his business.
MD. Real Property Code Ann. §  10-202 (2021)
2021 Maryland Statutes|Real Property|Title 10 - Sales of Property|Subtitle 2 - Express and Implied Warranties|Section 10-202 - Creation of Express Warranties; Exclusion or Modification of Express Warranty

    (a)    Express warranties by a vendor are created as follows:        (1)    Any written affirmation of fact or promise which relates to the improvement and is made a part of the basis of the bargain between the vendor and the purchaser creates an express warranty that the improvement conforms to the affirmation or promise.        (2)    Any written description of the improvement, including plans and specifications of it, which is made a part of the basis of the bargain between the vendor and the purchaser creates an express warranty that the improvement conforms to the description.        (3)    Any sample or model which is made a part of the basis of the bargain between the vendor and the purchaser creates an express warranty that the improvement conforms substantially to the sample or model.    (b)    To create an express warranty, it is not necessary to use formal words, such as “warranty” or “guarantee”, or that there be a specific intention to make a warranty. However, an affirmation merely of the value of the improvement or a statement purporting to be an opinion or commendation of the improvement does not create a warranty.    (c)    If an express warranty is made under subsection (a) of this section, neither words in the contract of sale, the deed, other instrument of grant, nor merger of the contract of sale into the deed or any other instrument of grant is effective to exclude or modify the warranty. At any time after the execution of the contract of sale, the warranty may be excluded or modified wholly or partially by a written instrument, signed by the purchaser, setting forth in detail the warranty to be excluded or modified, the consent of the purchaser to exclusion or modification, and the terms of the new agreement with respect to it.
MD. Real Property Code Ann. §  10-203 (2021)
2021 Maryland Statutes|Real Property|Title 10 - Sales of Property|Subtitle 2 - Express and Implied Warranties|Section 10-203 - Implied Warranties

    (a)    Except as provided in subsection (b) of this section or unless excluded or modified pursuant to subsection (d) of this section, in every sale, warranties are implied that, at the time of the delivery of the deed to a completed improvement or at the time of completion of an improvement not completed when the deed is delivered, the improvement is:        (1)    Free from faulty materials;        (2)    Constructed according to sound engineering standards;        (3)    Constructed in a workmanlike manner; and        (4)    Fit for habitation.    (b)    The warranties of subsection (a) of this section do not apply to any condition that an inspection of the premises would reveal to a reasonably diligent purchaser at the time the contract is signed.    (c)    If the purchaser, expressly or by implication, makes known to the vendor the particular purpose for which the improvement is required, and it appears that the purchaser relies on the vendor’s skill and judgment, there is an implied warranty that the improvement is reasonably fit for the purpose.    (d)    Neither words in the contract of sale, nor the deed, nor merger of the contract of sale into the deed is effective to exclude or modify any implied warranty. However, if the contract of sale pertains to an improvement then completed, an implied warranty may be excluded or modified wholly or partially by a written instrument, signed by the purchaser, setting forth in detail the warranty to be excluded or modified, the consent of the purchaser to exclusion or modification, and the terms of the new agreement with respect to it.
MD. Real Property Code Ann. §  10-204 (2021)
2021 Maryland Statutes|Real Property|Title 10 - Sales of Property|Subtitle 2 - Express and Implied Warranties|Section 10-204 - Breach of Warranty; Expiration of Warranty; Limitation of Actions

    (a)    If any warranty provided for in this subtitle is breached, the court may award legal or equitable relief, or both, as justice requires.    (b)    Unless an express warranty specifies a longer period of time, the warranties provided for in this subtitle expire:        (1)    In the case of a dwelling completed at the time of the delivery of the deed to the original purchaser, one year after the delivery or after the taking of possession by the original purchaser, whichever occurs first;        (2)    In the case of a dwelling not completed at the time of delivery of the deed to the original purchaser, one year after the date of the completion or taking of possession by the original purchaser, whichever occurs first; and        (3)    In the case of structural defects, two years after the date of completion, delivery, or taking possession, whichever occurs first.    (c)    The warranties provided under this section do not expire on the subsequent sale of a dwelling by the original purchaser to a subsequent purchaser, but continue to protect the subsequent purchaser until the warranties provided under subsection (b) of this section expire. The warranties provided under this section do not apply to any defect caused by the original purchaser.    (d)    Any action arising under this subtitle shall be commenced within two years after the defect was discovered or should have been discovered or within two years after the expiration of the warranty, whichever occurs first.
MD. Real Property Code Ann. §  10-205 (2021)
2021 Maryland Statutes|Real Property|Title 10 - Sales of Property|Subtitle 2 - Express and Implied Warranties|Section 10-205 - Grant to Intermediate Purchaser to Evade Liability

    If a vendor grants an improvement to an intermediate purchaser to evade any liability to a user and purchaser imposed by this subtitle, the vendor is liable on the subsequent sale of the improvement by the intermediate purchaser as if the subsequent sale had been effectuated by the vendor without regard to the intervening grant.