(a) Any statement or characterization that indicates the borrower intends to obtain a loan solely to acquire an interest in or to carry on a business or commercial enterprise may be relied upon by a credit grantor in making the loan, unless the credit grantor knows or should know that the statement or characterization is false or misleading.
(b) As a condition to making a loan, a credit grantor may not require a borrower to make any false or misleading statement or characterization that the loan is a commercial loan or for a commercial purpose if the credit grantor knows or should know it is not a commercial loan or for a commercial purpose.
(c) The borrower has the burden of proving that a credit grantor knew or should have known that a statement or characterization described in subsection (a) or (b) of this section was false or misleading when made and that the loan was not a commercial loan or for a commercial purpose.
(d) Unless a credit grantor knew or should have known that a statement or characterization described in subsection (a) or (b) of this section was false or misleading when made, a credit grantor shall have no liability under this subtitle if a loan is actually used by the borrower other than as a commercial loan or for a commercial purpose.
Structure Maryland Statutes
Subtitle 10 - Credit Grantor Closed End Credit Provisions
Section 12-1002 - Authorized Extensions of Credit
Section 12-1003 - Interest; Balloon Payments
Section 12-1004 - Variation in Periodic Percentage Rate
Section 12-1005 - Additional Fees and Charges
Section 12-1006 - Deferral of Scheduled Payments; Deferral Charges; Insurance Premiums
Section 12-1007 - Insurance Generally
Section 12-1007.1 - Insurance Binders
Section 12-1008 - Charges for Default or Delinquency
Section 12-1011 - Attorney's Fees; Court and Other Collection Costs
Section 12-1012 - Permitted Transactions and Charges
Section 12-1013 - Applicability of Other Laws
Section 12-1013.1 - General Provisions
Section 12-1013.2 - Delivery of Agreement, Note, or Other Evidence of Loan
Section 12-1014 - General Provisions
Section 12-1016 - Complaint Procedure
Section 12-1017 - Criminal Penalties
Section 12-1018 - Civil Penalties
Section 12-1018.1 - Civil Penalties -- Exception
Section 12-1019 - Limitation of Actions
Section 12-1020 - Limitation on Credit Grantor's Liability
Section 12-1021 - Repossession
Section 12-1022 - Definitions; Financing Agreements
Section 12-1023 - Agreement or Other Evidence of Loan
Section 12-1024 - Requirements Upon Loan Repayment
Section 12-1025 - Written Statement Informing Consumer Borrower of Interest and Charges
Section 12-1026 - Escrow Account; Interest; Separability of Funds