Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.09 - New Home Warranty Security Plans › Section 09.01.09.02 - Disclosure Required by Builders Participating in New Home Warranty Security Plan

Current through Register Vol. 51, No. 14, July 12, 2024
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 participates 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:
I am a builder who participates in a Maryland approved new
				  home warranty security plan, and under the terms of that plan, I am required to
				  provide the buyer with a new home warranty which meets the requirements of
				  Maryland law.
I am a participant, in good standing, with the following
				  plan:
____________________________ ____________________________
				  Name of Security Plan Phone
The home located at the following address is eligible for and
				  will be enrolled in the new home warranty security plan:
____________________________________________________
				  ____________________________________________________
				  ____________________________________________________
The plan provides the following coverage:
Minimum warranty coverage -
One year-free from any defects in material and
				  workmanship
Two years-free from any defect in the electrical, plumbing,
				  heating, cooling and ventilating systems, except that the following appliances,
				  fixtures and items of equipment are only covered for the length and scope of
				  the warranty offered by the manufacturer:
Item Length of Warranty
				  ____________________________________________________
				  ____________________________________________________
Five years-free from any structural defects
Other express warranties provided:
____________________________________________________
				  ____________________________________________________
				  ____________________________________________________
Items excluded under this warranty plan:
Damage to real property that is not part of the home covered
				  by the warranty or that is not included in the purchase price.
Bodily injury or damage to personal property.
Any defect in material supplied or work performed by anyone
				  other than the builder or the builder's employees, agents, or
				  subcontractors.
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.
Normal wear and tear or normal deterioration.
Insect damage, except where the builder has failed to use
				  proper materials or construction methods designed to prevent insect
				  infestation.
Any loss or damage that arises while the home is being used
				  primarily for nonresidential purposes.
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 the builder's employees, agents, or subcontractors.
Any damage to the extent that it is caused or made worse by
				  changes in grading of the ground by anyone other than the builder, the
				  builder's employees, agents, or subcontractors.
Any loss or damage caused by acts of God.
I must provide a copy of the warranty plan to the buyer at
				  the time of the contract for sale or construction of the new home. To the
				  extent that the warranty documents provide lesser protection to the buyer than
				  State law, State law prevails.
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:
OR
__ I have no actual knowledge of any hazardous or regulated
				  material present on the site of the new home.
OR
__ 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 read and understands the above
				  disclosure.
______________________________ ______________________________
				  Signature of Buyer Date ______________________________
				  ______________________________ Acknowledgement of Builder Date