US Lawyer Database

Section 4.5-701 – “Actual Loss” Defined

    In this subtitle, “actual loss” means:         (1)    the costs of restoration, repair, replacement, or completion that arise from:             (i)    the incomplete construction of a new home or the breach of an express or implied warranty, as defined in §§ 10–202 and 10–203 of the Real Property Article; or             (ii)    the failure to meet standards or guidelines required in […]

Section 4.5-702 – Authority to Take Disciplinary Action Not Limited

    This subtitle does not:         (1)    limit the authority of the Division to take disciplinary action against a registrant under this subtitle;         (2)    limit the availability of other remedies to a claimant; or         (3)    require a claimant to exhaust administrative remedies before the Division before bringing an action to court.

Section 4.5-703 – Home Builder Guaranty Fund Established

    (a)    The Division shall:         (1)    establish a Home Builder Guaranty Fund; and         (2)    maintain the Guaranty Fund at a level of at least $1,000,000.     (b)    (1)    The Division shall deposit all money collected under § 4.5–704 of this subtitle in the Guaranty Fund.         (2)    (i)    The State Treasurer is the custodian of the Guaranty Fund.             (ii)    The Guaranty Fund shall be invested and […]

Section 4.5-704 – Guaranty Fund Fee

    (a)    (1)    Subject to the provisions of subsection (c) of this section, a home builder shall pay to a county or a municipal corporation a Guaranty Fund fee per home or residential unit as set by the Division under subsection (c) of this section with each application for a permit for construction of a new home or […]

Section 4.5-705 – Recovery From Fund for Actual Loss Caused by Registrant

    (a)    Subject to this subtitle a claimant may recover compensation from the Guaranty Fund for an actual loss that results from an act or omission by a registrant as found by the Division or a court of competent jurisdiction.     (b)    Before submitting a claim to the Guaranty Fund, a consumer shall:         (1)    send a registrant a written notice […]

Section 4.5-706 – Proceedings for Recovery

    (a)    To begin a proceeding to recover from the Guaranty Fund, a claimant shall submit to the Division’s mediation unit a written complaint that states:         (1)    the amount claimed based on the actual loss;         (2)    the facts giving rise to the claim;         (3)    whether there is other evidence that supports the claim, including expert reports, photographs, or videotapes and […]

Section 4.5-707 – Notice, Hearings, and Review

    (a)    The procedures for notice, hearings, and judicial review that apply to proceedings under Title 3, Subtitle 2 of the Courts and Judicial Proceedings Article also apply to proceedings to recover from the Guaranty Fund.     (b)    On receipt of a claim, the Division shall:         (1)    send a copy of the claim to the registrant alleged to be responsible […]

Section 4.5-708 – Joinder of Proceedings

    (a)    (1)    The Division may join a proceeding on a claim against the Guaranty Fund with a disciplinary proceeding against a registrant under this subtitle if the disciplinary hearing is based on the same facts alleged in the claim.         (2)    In a consolidated proceeding the claimant is a party, and may participate in the hearing to the extent […]

Section 4.5-709 – Appeals

    A party to a proceeding before the Division who is aggrieved by a final decision of the Division in a contested case, as defined in § 10–202 of the State Government Article, may take an appeal as allowed in §§ 10–222 and 10–223 of the State Government Article.

Section 4.5-710 – Payment of Claims

    (a)    The Division may order payment of a claim against the Guaranty Fund only if:         (1)    the decision or order of the Division is final in accordance with Title 10, Subtitle 2 of the State Government Article and all rights of appeal are exhausted; or         (2)    the claimant provides the Division with a certified copy of a final […]