Sec. 09.01.09.01. Disclosure by Builders Not Participating in New Home Warranty Security Plan  


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  • 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

    OR

    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 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 BuyerDate

    ______________________________ ______________________________
    Signature of BuyerDate