§ 40-10. Duty to allow buyers to review master plans.  


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  • (a) Before signing a contract for the sale of real property, the seller must give the prospective buyer an opportunity to examine the applicable county master plan and any municipal land use plan for the area in which the property is located, and any adopted amendment to either plan, and approved official maps showing planned land uses, roads and highways, parks and other public facilities affecting the property contained in the plan.
    (b) The initial seller of any improved residential real property must have available in a model home or sales office the plan and amendments listed in subsection (a). If a model home or sales office is not located on or near the property, the initial seller must have the plan and amendments available at the property.
    (c) Each contract for the sale of real property must contain a clearly identified provision that notifies a prospective buyer of the buyer's right to review the applicable master plan and municipal land use plan and any adopted amendment.
    (d) A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type within a clearly demarcated box, that:
    (1) The seller has offered the buyer the opportunity to review the applicable master plan and municipal land use plan and any adopted amendment;
    (2) The seller has informed the buyer that amendments affecting the plan may be pending before the planning board or the county council or a municipal planning body;
    (3) (A) The buyer has reviewed each plan and adopted amendment; or
    (B) The buyer has waived the right to review each plan and adopted amendment; and
    (4) The buyer understands that, to stay informed of future changes in county and municipal land use plans, the buyer should consult the planning board and the appropriate municipal planning body. (1974 L.M.C., ch. 43, § 1; 1989 L.M.C., ch. 24, § 1.)