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§ 7-406. Duties and liabilities of builders to purchasers

West's Annotated Code of MarylandPublic Utilities

West's Annotated Code of Maryland
Public Utilities (Refs & Annos)
Division I. Public Services and Utilities [Titles 1-15] (Refs & Annos)
Title 7. Gas, Electric, and Water Companies (Refs & Annos)
Subtitle 4. Energy Conservation Building Standards (Refs & Annos)
MD Code, Public Utilities, § 7-406
Formerly cited as MD PUBLIC UTIL COMP § 7-406
§ 7-406. Duties and liabilities of builders to purchasers
Currentness
Duty of builder to provide purchaser with certificate or statement of waiver
(a)(1) A builder subject to the provisions of this subtitle shall:
(i) provide the first purchaser of the building with a copy of the certificate that is filed with the electric company; or
(ii) if the builder was issued a waiver under § 7-404 of this subtitle, provide the first purchaser with a copy of the statement of waiver.
(2) If the first purchaser of the building resells the building without having occupied or rented it, at the time of the resale, the first purchaser shall provide the next purchaser with the copy of the certificate or the statement of waiver.
Liability for failure to furnish notice
(b)(1) If a builder fails to comply with the energy conservation standards required for certification under this subtitle, or the builder fails to obtain a statement of waiver under this subtitle, the builder is liable to the first purchaser who either occupies or rents the building for an amount not to exceed $2,000 and for:
(i) the cost of bringing the building into compliance with the standards required under this subtitle;
(ii) the reasonable attorney's fees and court costs of the purchaser; and
(iii) any reasonable costs incurred by the purchaser in determining that the builder did not comply with the energy conservation standards required under this subtitle.
(2) An action under this subsection may not be brought more than 3 years after the date on which the builder provided the purchaser with a copy of the certificate or the waiver.
(3) If the builder is a corporation and the corporation is dissolved, the purchaser may bring any action authorized under this subsection against any person who was an officer of the corporation at the time that the alleged violation occurred.
Liability for willful deviation from building plans
(c)(1) In any political subdivision that has adopted the Energy Code, if a builder of a building that is completed after July 1, 1982 willfully deviates from the approved plans for the building, the builder is liable to the first purchaser who either occupies or rents the building for an amount not to exceed $2,000 and for:
(i) the cost of bringing the building into compliance with the Energy Code;
(ii) the reasonable attorney's fees and court costs of the purchaser; and
(iii) any reasonable costs incurred by the purchaser in determining that the builder did not comply with the Energy Code.
(2) An action under this subsection may not be brought more than 3 years after the date on which a use and occupancy permit is issued for the building by the political subdivision in which the building is located.
(3) If the builder is a corporation and the corporation is dissolved, the purchaser may bring any action authorized under this subsection against any person who was an officer of the corporation at the time that the alleged violation occurred.
(4) The provisions of paragraph (1) of this subsection are in addition to any other remedies available under State or local law.

Credits

Added by Acts 1998, c. 8, § 2, eff. Oct. 1, 1998.
Formerly Art. 78, § 54J.
MD Code, Public Utilities, § 7-406, MD PUBLIC UTIL § 7-406
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document