§ 14-12A-02
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/md/commercial-law/14-12a-02·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§14–12A–02.
It is an unfair or deceptive trade practice within the meaning of Title 13 of this article for a seller to:
(1)Sell or offer to sell any basement waterproofing service that uses the soil injection/pressure pumping technique either alone or with any other waterproofing technique unless the need for, effectiveness of, and appropriateness of the method is established in a written seller’s analysis. The written seller analysis shall be separate from the service contract and verified by a signed engineer’s or architect’s analysis furnished to the buyer prior to the sale;
(2)Fail to describe separately and conspicuously on the seller’s analysis and the service contract the cost of a soil injection/pressure pumping procedure;
(3)Submit a seller’s analysis to the buyer that the seller knows or has reason to know is founded on incorrect facts or conclusions;
(4)Misrepresent directly or through an agent the need for, or the effectiveness of the soil injection/pressure pumping technique alone or in conjunction with other waterproofing techniques. This section also applies to misrepresentation by an engineer in connection with the sale of waterproofing services;
(5)Advertise basement waterproofing services using the soil injection/pressure pumping technique without disclosing in the advertisement that an engineer’s analysis recommending this process is required as a condition of its use and that the analysis must be furnished to the buyer before a contract is signed. This disclosure shall be in 10 point boldface type; or
(6)Fail to itemize on the service contract the individual cost of each waterproofing technique used.