Chapter 12.5 HOUSING*
ARTICLE III. SALE OF REAL PROPERTY
Section 12.5-30. Disclosure upon sale of real property.
(a) Buyer’s right to review documents.
(1) In
addition to those rights enumerated in the Annotated Code of Maryland, State
Government Article, Title 10, Subtitle 6, Records, the Real Property Article,
Title 10, Subtitle 7, Contracts of Sale, and all other rights as afforded by
state and local law, prior to entering into a contract for sale of real property
within The City of Frederick, a prospective buyer has the right to review the
following documents pertaining to the area in which a property is located: the
comprehensive plan, any adopted amendment to the plan, approved official maps
showing the delineation of the Historic Frederick District, and approved
official maps showing planned land uses, planned neighborhood developments,
airports, roads, highways, parks and other public facilities affecting the
property, The City of Frederick Zoning Ordinance and all official submittals for
development review with the Department of Planning. These documents are
available at The City of Frederick Department of Planning.
(2) Each contract
for sale of real property within The City of Frederick shall contain a clearly
identified provision, in bold type, as set forth is section 12.5-30(e) that
notifies a prospective buyer of the buyer’s right to:
a. Review the
documents identified in section 12.5-30(a)(1); and
b. Request a review
period for the purpose of reviewing the documents identified in section
12.5-30(a)(1), or to waive such review period.
(3) A seller of real property
within The City of Frederick shall provide to any prospective buyer who requests
a review period pursuant to section 12.5-30(a)(3) a separate contract addendum
stating that:
a. During the period of time specified in the addendum, the
buyer may review the documents identified in section 12.5-30(a)(1);
and
b. During the period of time specified in the addendum, the buyer may
rescind the contract for sale of real property, upon written notice to the
seller.
(b) Historic District. It is the responsibility of the buyer
to determine whether the property lies within the area designated as the
Historic Frederick District and to comply with any state and local laws
pertaining as a result of such designation.
(c) Buyer’s Signature
Required. Each contract for sale of real property within The City of
Frederick shall require a buyer’s signature, acknowledging that buyer has
read and understood the provisions of the disclosure requirement as herein set
forth.
(d) Penalties. Any person who violates any provision of this
chapter is guilty of a municipal infraction punishable by a civil penalty not
exceeding one hundred dollars ($100.00). Failure to comply with any provision of
this disclosure section shall not prevent the recording of any document, or the
title to real property or any mortgage or deed of trust made in good faith or
for value, and it shall not affect the application of this
section.
(e) Disclosure Statement Format. The following format shall
be used in compliance with the provisions of this section and shall be in every
contract for sale of real property within The City of Frederick:
The City of Frederick Disclosure Statement
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED WITHIN THE
CITY OF FREDERICK, STATE OF MARYLAND, DESCRIBED AS: ______________
___________________. THIS STATEMENT IS A DISCLOSURE OF THE EXISTENCE OF THE CITY
OF FREDERICK DISCLOSURE ORDINANCE IN COMPLIANCE WITH THE CITY OF FREDERICK CODE
SECTION NO. _____________, (THE CITY OF FREDERICK DISCLOSURE UPON SALE OF REAL
PROPERTY ORDINANCE). THIS ORDINANCE AFFORDS A BUYER THE RIGHT TO REVIEW LAND USE
DOCUMENTS, AND TO REQUEST A REVIEW PERIOD OR TO WAIVE SUCH REVIEW PERIOD. SEE
ORDINANCE FOR COMPLETE DETAILS.
THE FOLLOWING ARE REPRESENTATIONS MADE BY THE BUYER IN A CONTRACT FOR SALE
OF RESIDENTIAL REAL PROPERTY WITHIN THE CITY OF FREDERICK AND ARE NOT THE
REPRESENTATIONS OF THE AGENT(S), IF ANY.
BUYER ACKNOWLEDGES THAT IT IS BUYER’S RIGHT TO REVIEW THE
APPROPRIATE MAPS AND PLANS AT THE CITY OF FREDERICK DEPARTMENT OF PLANNING FOR
INFORMATION ABOUT THE FREDERICK CITY AIRPORT, HISTORIC DISTRICT DELINEATION, ANY
LAND USES, PLANNED NEIGHBORHOOD DEVELOPMENTS, ROADS, HIGHWAYS, PARKS AND OTHER
PUBLIC FACILITIES AFFECTING PROPERTY, AND ANY AMENDMENTS THERETO, THE CITY OF
FREDERICK ZONING ORDINANCE AND ANY OFFICIAL SUBMITTAL FOR DEVELOPMENT REVIEW
WITH
THE DEPARTMENT OF PLANNING. BUYER FURTHER ACKNOWLEDGES THAT IT IS THE
BUYER’S RESPONSIBILITY TO DETERMINE WHETHER THE BUYER’S PROPERTY
LIES WITHIN THAT AREA OF THE CITY OF FREDERICK DESIGNATED AS THE FREDERICK
HISTORIC DISTRICT AND TO COMPLY WITH ANY STATE AND LOCAL LAWS PERTAINING AS A
RESULT OF SUCH DESIGNATION.
BUYER HEREBY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ABOVE DISCLOSURE
AND REQUESTS A PERIOD OF TIME TO REVIEW THE ABOVE STATED DOCUMENTS AS PER THE
ATTACHED ADDENDUM:
_________________________
BUYER’S SIGNATURE
_______________
DATE
_________________________
BUYER’S SIGNATURE
_______________
DATE
BUYER HEREBY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ABOVE DISCLOSURE
AND WAIVES THE REVIEW PERIOD:
_________________________
BUYER’S SIGNATURE
_______________
DATE
_________________________
BUYER’S SIGNATURE
_______________
DATE
(Ord. No. G-00-3, § 1, 2-3-00)
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