§ 11A-117. Warranties on time-share units
West's Annotated Code of MarylandReal Property
MD Code, Real Property, § 11A-117
§ 11A-117. Warranties on time-share units
(a) Sections 10-201, 10-202, and 10-203 of this article apply to all sales by developers under this title. For purposes of this section, a newly constructed unit means a newly constructed or converted unit.
(b) In addition to the implied warranties set forth in § 10-203 of this article, there is an implied warranty on every time-share unit from the developer to a purchaser that the developer will correct any defects in materials or workmanship in the construction of walls, ceilings, floors, and heating and air conditioning systems in the unit. The warranty on the unit commences with the transfer of either title or use to the unit and extends to each time-share owner for a period of 1 year. In addition, a developer shall warrant to a purchaser of a time-share that any existing use of the time-share unit that will continue does not violate applicable law or the project instrument.
(c)(1) In addition to the implied warranties set forth in Section 10-203 of this article, there is an implied warranty from the developer to the association that the developer will correct any defect in material or workmanship in the common elements, including the roof, foundation, external and bearing walls, mechanical, electrical, and plumbing systems, and other structural elements of the common elements, and that the common elements are within acceptable industry standards in effect when such common elements were constructed.
(d)(1) A suit for enforcement of a warranty may be brought by a time-share owner or by the association. If any warranty is breached, the court may award legal or equitable relief, or both.
1. As to a unit, 6 months after the time the unit is first occupied by a purchaser; and
2. As to other improvements, at the time each is completed.
Credits
Added by Acts 1984, c. 579, § 1, eff. Jan. 1, 1985.
MD Code, Real Property, § 11A-117, MD REAL PROP § 11A-117
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.
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