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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0683*
HOUSE BILL 683
N1 6lr2344
HB 1537/25 – HRU
By: Delegate Wims
Introduced and read first time: February 2, 2026
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Real Property – Implied Warranties – Missing or Incomplete Improvements 2
FOR the purpose of providing that certain provisions of law pertaining to implied 3
warranties do not apply to certain improvements; and generally relatin g to implied 4
warranties for the sale of real property. 5
BY repealing and reenacting, with amendments, 6
Article – Real Property 7
Section 10–203 8
Annotated Code of Maryland 9
(2023 Replacement Volume and 2025 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Real Property 13
10–203. 14
(a) Except as provided in subsection (b) of this section or unless excluded or 15
modified pursuant to subsection (d) of this section, in every sale, warranties are implied 16
that, at the time of the delivery of the deed to a completed improvement or at the time of 17
completion of an improvement not completed when the deed is delivered, the improvement 18
is: 19
(1) Free from faulty materials; 20
(2) Constructed according to sound engineering standards; 21
(3) Constructed in a workmanlike manner; and 22
2 HOUSE BILL 683
(4) Fit for habitation. 1
(b) The warranties of subsection (a) of this section do not apply to [any]: 2
(1) ANY condition that an inspection of the premises would reveal to a 3
reasonably diligent purchaser at the time the contract is signed; OR 4
(2) AN IMPROVEMENT THAT W AS INCOMPLETE OR MIS SING AT THE 5
TIME OF THE DELIVERY OF THE DEED. 6
(c) If the purchaser, expressly or by implication, makes known to the vendor the 7
particular purpose for which the improvement is required, and it appears that the 8
purchaser relies on the vendor’s skill and judgment, there is an implied warranty that the 9
improvement is reasonably fit for the purpose. 10
(d) Neither words in the contract of sale, nor the deed, nor merger of the contract 11
of sale into the deed is effective to exclude or modify any implied warranty. However, if the 12
contract of sale pertains to an improvement then comp leted, an implied warranty may be 13
excluded or modified wholly or partially by a written instrument, signed by the purchaser, 14
setting forth in detail the warranty to be excluded or modified, the consent of the purchaser 15
to exclusion or modification, and the terms of the new agreement with respect to it. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2026. 18