Any optionee or any buyer of a dwelling may file in the Department of Consumer Affairs a complaint alleging that the [developer] or constructor of his dwelling has incurred an undesirable construction practice or has violated any of the provisions of this chapter, persuant to the provisions of §§ 341e and 341n of Title 3.
The procedures to claim liability for the construction flaws or defects shall expire in two (2) years from the granting of the bill of sale with the exception of those that qualify under § 4124 of Title 31.
Upon filing the complaint, the complainant shall state that he has previously required the [developer] or constructor to remedy the undesirable construction practice or to comply with the pertinent provision, without the latter having done so.
In the investigation, prosecution, adjudication and disposition of the complaints and charges brought before his consideration under the provisions of this chapter, the Secretary shall use all the powers and faculties conferred upon him by §§ 341—341v of Title 3.
When the resolution, order or decision of the Secretary as to the complaint has become fine and binding, the latter shall notify the bondsman or insurer, in case a bond or insurance has been posted, so that he may give the complainant the necessary amount to cover the expense of repairing or correcting the construction defects which has been established as reasonable in the administrative decision.
History —June 13, 1967, No. 130, p. 406, § 11; June 9, 1976, No. 160, p. 502, § 7; July 20, 1979, No. 137, p. 323, § 3.