In this Chapter, the following words have the meanings indicated:
Board means the Board for Registration of Building Contractors.
Consumer means a consumer as defined in Chapter 11 or a contract purchaser of a new home for use as a personal family residence or rental.
Contract purchaser means a person who has entered into a contract with a new home builder or a new home seller to purchase a new home, but who has not yet settled on the purchase of the new home.
Director means the Director of the Office of Consumer Protection or the Director’s designee.
Homeowner or owner means:
(1) any person for whom a new home is built or to whom a new home is sold for residential occupation; and
(2) the successors of that person in title to the home or mortgage in possession;
Homeowner does not mean:
(1) any development company, association, or subsidiary company of the builder; or
(2) a person to whom the home may be conveyed by the builder for any purpose other than use by that person.
Load-bearing portions of the home means:
(1) foundation system and footings;
(2) beams;
(3) girders;
(4) lintels;
(5) columns;
(6) walls and partitions;
(7) floor systems; and
(8) roof framing systems.
Major structural defect means any actual damage to load-bearing portions of the home that:
(1) affects its load-bearing function; and
(2) vitally affects or is immediately likely to vitally affect use of the home for residential purposes.
Major structural defect includes damage due to subsidence, expansion, or lateral movement of the soil. Major structural defect does not include damage caused by movement of the soil caused by flood or earthquake.
Maryland Home Builder Guaranty Fund means the Home Builder Guaranty Fund in Title 4.5 of the Business Regulation Article of the Maryland Code.
New home means a newly constructed residential dwelling unit and the fixtures and structure that are made a part of a newly constructed private dwelling unit at the time of construction. New home includes any detached house, custom home as defined in Section 10-501 of the Real Property Article of the Maryland Code, townhouse, modular home, condominium unit, or cooperative apartment.
New home builder or builder means any person:
(1) that is engaged in the business of erecting, constructing, or otherwise creating a new home;
(2) to whom a completed new home is conveyed for resale in the course of the business of the person;
(3) that undertakes to sell a new home in Montgomery County;
(4) that applies for a building permit to construct a new home in Montgomery County;
(5) that is engaged as a general contractor in the business of erecting, constructing, or otherwise creating a new home; or
(6) that enters into a contract with a contract purchaser under which the seller agrees to provide the contract purchaser with a new home.
New home builder does not include:
(1) a subcontractor or other vendor hired by a new home builder or a consumer to perform services or supply materials for the construction of a new home if the subcontractor or vendor does not otherwise meet the requirements of this Chapter;
(2) the manufacturer of a residential mobile home, unless the manufacturer also installs the mobile home;
(3) a real estate developer who does not construct or enter into contracts with a consumer to sell or construct new homes;
(4) a financial institution that lends funds for the construction or purchase of residential dwellings in Montgomery County;
(5) a buyer’s agent when representing a prospective buyer in the purchase of a new home; or
(6) a person who is conducting a foreclosure sale.
New home seller or seller means a person that:
(1) has legal title to the property on which the new home is constructed; and
(2) is the person listed on the sales contract with the contract purchaser to whom the property and new home are being sold and conveyed.
New home seller includes a corporation, limited liability company, or trust.
Office means the Office of Consumer Protection.
Warranty date means the first day that the homeowner occupies or settles on the new home, whichever first occurs. (2019 L.M.C., ch. 1, § 1.)