(a) A person who enters into a contract as a purchaser but who has not received all of the disclosures required by § 11B–105, § 11B–106, or § 11B–107 of this title, as applicable, shall, prior to settlement, be entitled to cancel the contract and to the immediate return of deposits made on account of the contract.
(b) (1) Any purchaser who has not received all of the disclosures required under § 11B–105 or § 11B–106 of this title, as applicable, 5 calendar days or more before the contract was entered into, within 5 calendar days following receipt by the purchaser of the disclosures required by § 11B–105(a) and (b) or § 11B–106(a) and (b) of this title, as applicable, may cancel in writing the contract without stating a reason and without liability on the part of the purchaser.
(2) The purchaser shall be entitled to the return of any deposits made on account of the contract, except that the vendor shall be entitled to retain the cost of reproducing the information specified in § 11B–105(b), § 11B–106(b), or § 11B–107(b) of this title, as applicable, or $100, whichever amount is less, if the disclosures are not returned to the vendor at the time the contract is canceled.
(c) Any purchaser may within 3 calendar days following receipt by the purchaser of a change in mandatory fees and payments exceeding 10 percent of the amount previously stated to exist or any other substantial and material amendment to the disclosures required by § 11B–105 or § 11B–106 of this title, as applicable, which adversely affects the purchaser, cancel in writing the contract without stating a reason and without liability on the part of the purchaser, and the purchaser shall be entitled to the return of deposits made on account of the contract.
(c–1) If any deposits are held in trust by a licensed real estate broker, the return of the deposits to a purchaser under subsection (a), (b), or (c) of this section shall comply with the procedures set forth in § 17–505 of the Business Occupations and Professions Article.
(d) The rights of a purchaser under this section may not be waived in the contract and any attempted waiver is void. However, if any purchaser proceeds to settlement, the purchaser’s right to cancel under this section is terminated.
(e) In satisfying the requirements of subsection (b) of this section, the vendor shall be entitled to rely upon the disclosures contained in the depository after June 30, 1989.
(f) The provisions of this section do not apply to a sale of a lot in an action to foreclose a mortgage or deed of trust.
Structure Maryland Statutes
Title 11B - Maryland Homeowners Association Act
Section 11B-102 - Applicability of Title and 11b-105 Through 11b-108 and 11b-110
Section 11B-105 - Initial Sale of Lots in Developments Containing More Than 12 Lots
Section 11B-106 - Resale of Lot; Initial Sale of Lot in Development Containing 12 or Fewer Lots
Section 11B-106.1 - Responsibility for Maintenance, Repair, and Replacement of Common Elements
Section 11B-106.2 - Sale of Common Elements
Section 11B-107 - Initial Sale of Lot Not Intended to Be Occupied or Rented for Residential Purposes
Section 11B-108 - Cancellation of Contract
Section 11B-109 - Untrue Statements or Omissions by Vendor
Section 11B-110 - Warranties; Notice of Defect
Section 11B-111 - Meetings of Homeowners Association or Its Governing Body
Section 11B-111.1 - Family Child Care Homes -- No-Impact Home-Based Businesses
Section 11B-111.2 - Candidate or Proposition Sign
Section 11B-111.3 - Distribution of Written Information and Materials
Section 11B-111.5 - Court Appointment of Receiver
Section 11B-111.6 - Fidelity Insurance
Section 11B-111.7 - Number of Declarant Votes
Section 11B-112.1 - Late Charges
Section 11B-112.2 - Annual Budget
Section 11B-112.3 - Reserve Study of Homeowners Association Common Areas -- Criteria
Section 11B-113 - Homeowners Association Depository
Section 11B-113.1 - Electronic Transmission of Notice
Section 11B-113.2 - Electronic Transmission of Votes or Proxies
Section 11B-113.3 - Deletion of Ownership Restrictions Based on Race, Religion, or National Origin
Section 11B-113.4 - Annual Charge
Section 11B-113.5 - Annexation of Land in Howard County
Section 11B-114 - Electronic Payment Fees
Section 11B-115 - Enforcement Authority of Division of Consumer Protection
Section 11B-115.1 - Enforcement by Division of Consumer Protection
Section 11B-116 - Amendment of Governing Document
Section 11B-117 - Liability for Homeowners Association Assessments and Charges on Lots