Md. Code, Com. § 14-301.1

Current with changes from the 2024 Legislative Session

Section 14-301.1 - Exceptions

This subtitle does not apply to a transaction if:

(1)

(i) The transaction is made:

1. Pursuant to prior negotiations; and

2. In the course of a visit by the buyer to a retail business establishment; and

(ii) The retail business establishment has a fixed permanent location where, on a continuing basis:

1. The consumer goods are exhibited; or

2. The consumer services are offered for sale;

(2) The consumer may rescind the transaction under the provisions of the federal Consumer Credit Protection Act or any regulation adopted under the Act;

(3)

(i) The buyer has initiated the contact;

(ii) The goods or services are needed to meet a bona fide immediate personal emergency of the buyer, including the addition of components necessary for the renovation or construction of residential property to improve the accessibility of the residential property for individuals who are mobility impaired or otherwise disabled;

(iii) The buyer furnishes to the seller a separate, personal statement that:

1. Is dated;

2. Is signed by the buyer;

3. Is in the buyer's handwriting;

4. Describes the situation that requires immediate remedy; and

5. Expressly acknowledges and waives the right to cancel the sale:

A. For a contract other than a home improvement contract, within 3 business days;

B. For a home improvement contract in which the buyer is under 65 years old, 5 business days; or

C. For a home improvement contract in which the buyer is at least 65 years old, 7 business days; and

(iv) The seller in good faith makes a substantial beginning of the performance of the contract;

(4) The transaction is:

(i) Conducted and consummated entirely by mail, telephone, or electronic communications; and

(ii) Made without any other contact between the buyer and the seller or the seller's representative before delivery of the consumer goods or performance of the consumer services;

(5)

(i) The transaction is the result of a written change order;

(ii) The change order:

1. Is agreed to by the buyer and the seller; and

2. Is a part of a transaction under a contract previously signed by the buyer and the seller; and

(iii) The buyer furnishes to the seller a separate, personal statement that:

1. Is dated;

2. Is signed by the buyer;

3. Is in the buyer's handwriting;

4. Generally describes the change order; and

5. Expressly acknowledges and waives the right to cancel the change order:

A. For a contract other than a home improvement contract, within 3 business days;

B. For a home improvement contract in which the buyer is under 65 years old, 5 business days; or

C. For a home improvement contract in which the buyer is at least 65 years old, 7 business days; or

(6) The transaction pertains to:

(i) The sale or rental of real property;

(ii) The sale of insurance; or

(iii) The sale of securities or commodities by a broker-dealer registered with the Securities and Exchange Commission or the Division of Securities of the State.

Md. Code, CL § 14-301.1

Added by 2017 Md. Laws, Ch. 94,Sec. 1, eff. 6/1/2017.

Added by 2017 Md. Laws, Ch. 93,Sec. 1, eff. 6/1/2017.

This section is set out twice. See also § -14-301.1, as amended by 2017 Md. Laws, Ch. 94,Sec. 1, eff. 6/1/2017.