§ 40-10A. Disclosure of availability of water and sewer service.  


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  • (a) Before the buyer signs a contract for the sale of any real property, the seller must disclose to each prospective buyer, to the extent the seller knows:
    (1) whether the property is connected to, or has been approved for connection to, a public water and sewer system;
    (2) if the property is not connected to a public water and sewer system:
    (A) the source, if any, of potable water for the property; and
    (B) whether an individual sewage disposal system has been constructed on the property or approved or disapproved for construction; and
    (3) (A) the water and sewer service area category or categories that currently apply to the property, and a brief explanation of how each category affects the availability of water and sewer service;
    (B) any recommendations in the applicable master plan regarding water and sewer service to the property; and
    (C) the status of any pending water and sewer comprehensive plan amendments or service area category changes that would apply to the property.
    (b) A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that:
    (1) The seller has provided the information required by subsection (a), or the seller has informed the buyer that the seller does not know the information required by subsection (a); and
    (2) The buyer understands that, to stay informed of future changes in County and municipal water and sewer plans, the buyer should consult the County Planning Board, the Washington Suburban Sanitary Commission, the County Department of Environmental Protection, or any appropriate municipal planning or water and sewer body.
    (c) In complying with the disclosure requirements of this Section, the seller or the seller’s agent may rely on information obtained from the County Planning Board, the Washington Suburban Sanitary Commission, the Department of Permitting Services, or the Department of Environmental Protection without further confirmation or verification, and the seller’s agent may rely on information obtained from the seller without further confirmation or verification.
    (d) When a buyer of real property which is located in a subdivision o which an individual sewage disposal system has been or will be installed receives the copy of the record plat under Section 40-2, the buyer must confirm in writing that the buyer has reviewed the plat, including any restrictions on the location of initial and reserve wells, individual sewage disposal systems, and the buildings to be served by any individual sewage disposal system. (1979 L.M.C., ch. 47, §1; 1997 L.M.C., ch. 15; §1; 1998 L.M.C., ch. 12, § 1; , § 1; , § 2.)