The following practices and conduct are declared to be unlawful in connection with the sale or advertisement of any merchandise or service, or in connection with the borrowing of money or extension of credit, whether or not any person has, in fact, been misled, deceived or damaged thereby: The act, use or practice by any person of any deception, fraud, false promise, or material misrepresentation; The concealment, suppression or omission of any material fact which was known or should have been known to the merchant or lender; The unreasonable detention of any monies, bailment or chattel personal; The harassment or threatening of any person by telephone, cards, letters, or any other means or the contacting of any person's employer for delinquent indebtedness. Nothing in this Subsection shall prevent the use of legal process in the collection of debts; The arbitrary refusal or termination of the credit of a natural person without explanation and without allowing such person to correct errors in his credit records; Unconscionable trade practice which shall mean a practice which takes unfair advantage of the lack of knowledge, ability, experience or capacity of a consumer which results in a gross disparity in the rights of a consumer as against the merchant or results in a gross disparity between the value received by a consumer and the price paid by the consumer; Failure of any merchant to honor any express warranty or any implied warranty as provided by State law to repair any merchandise except real estate. A rebuttable presumption that the merchandise is irreparable shall be raised when the merchant is notified within a reasonable time after the consumer discovers or should have discovered the disrepair and when the merchant has been given a reasonable opportunity to repair. In such a case the merchandise, at the election of the consumer, shall be either exchanged, if available, or all costs of purchase refunded, less ordinary wear and tear, if used. Finance charges are not to be included as a part of the cost of purchase. Failure of the vendor of a residential condominium unit to provide to the initial purchaser thereof all disclosure requirements as required pursuant to Section 11-126 of the Real Property Article of the Annotated Code of Maryland, as it may be from time to time amended. Violation of prohibited acts under Section 5-272 of Subtitle 5, Division 21, of the Prince George's County Code. The provisions of Subsection (a) shall apply to all services licensed under Division 21 of Subtitle 5 of the Prince George's County Code. In addition to Section 2-146(a), the following practices are declared to be unlawful in connection with the ownership and/or management of cemeteries. In determination of unreasonableness as provided for and required herein, the Director shall, among other factors, consider the practices, policies, rules, regulations, or prices of services of other cemetery authorities in Prince George's County and the Washington and Baltimore Metropolitan Areas and any model rules and regulations recommended by the collective action of the cemetery authorities in Prince George's County: The establishment by the cemetery authority of any unreasonable policies, practices, rules, regulations, or prices of services for the use, care, management, or protection of the property of the cemetery authority and its burial sites; The establishment of any unreasonable policies, practices, rules, regulations, or price structures that discriminate against any racial, ethnic, or religious group; The use of a contract of sale for burial rights that is not plainly printed or typewritten and retained, subject to inspection in the office of the cemetery authority and available to the consumer upon request, or the failure to provide, prior to the execution of a contract of sale, a current copy of the policies, practices, rules, or regulations and price structures for services of the cemetery; Failure to file by June 1 of each year, an accurate and fully disclosed statement listing all policies, practices, rules, regulations, and pricing structures for services with the Director and failing to inform the Director within thirty (30) days of any change in this report; Failure to allow the owner(s) of burial rights in a cemetery or the owner of cemetery goods and services to transfer, sell, or convey the same to any person or association, provided however, that nothing herein shall preclude the cemetery authority from placing reasonable restrictions on resale if said restrictions are included in the owner's sales contract and the cemeteries' rules and regulations. This paragraph shall not be applicable to those cemeteries owned and operated by municipal corporations; The gross neglect of uniform maintenance by the cemetery authority of all of those sections of the cemetery used for interment, provided that the cemetery authority has responsibility for such maintenance as a result of contract or receipt of perpetual or annual care income which is not being used for maintenance, or when such maintenance is required to correct damages caused by an act of the cemetery authority; Where an annual maintenance and/or perpetual fund exists, the refusal to make available an annual and accurate account of such fund to those owners of burial sites for which provision is made for annual maintenance or perpetual care funding; Failure by a cemetery authority to inform a consumer of any rule, regulation, price structure, or other condition which was made a part of the contract of purchase, or which is otherwise applicable to the installation or erection of a foundation, marker, monument, stone, or similar structure; Failure by a cemetery authority to accept markers, monuments, stones, or similar structures in compliance with reasonable regulations of the cemetery authority from outside sources, or to prohibit or by practice interfere with the timely installation of markers, foundations and/or footings, or the installation of their foundations by outside sources, provided that nothing in Section 2-146(c) shall be construed to prohibit a cemetery authority from: Requiring that the foundation for any markers, monuments, stones, or similar structures installed by outside sources be constructed in accordance with the criteria established and accepted by the cemetery and monument industry for the installation of markers, monuments, stones, or similar structures, providing that rules for installation are the same for third party monument sellers as for the cemetery authority; Designating nonmonument areas or burial sites of any cemetery prior to the sale of such designated areas or burial sites; or Contracting with a consumer for a sale of a marker, monument, stone, or similar structure, provided that the consumer is advised in writing prior to entering such contract of sale that he is otherwise permitted to make such purchases from outside sources. Discrimination and/or harassment by the cemetery authority against the installation of markers, monuments, stones, or similar structures purchased from any source other than the cemetery authority. Failure of a cemetery authority to disclose to the purchaser of cemetery goods and services all information required under the Federal Trade Commission Funeral Rule, as such information applies to the purchaser of cemetery goods and services; and to provide a disclosure statement in writing and signed by the cemetery authority and the purchaser with a copy provided to the purchaser. Failure of a cemetery authority to include in its disclosure the phone number and address for the local regulatory agency. Failure of a cemetery authority to retain for a period of three years after the delivery of all purchased cemetery goods and services a copy of the signed and dated Disclosure Statement for each purchaser of cemetery goods and services. Failure of a cemetery authority to file with the Director by June 1 of each year and to maintain and display, at the point of sales, a map or plat which identifies the Section name, Lot number, and Site number of each burial site and which clearly identifies each burial site which contains human remains and each burial site which has been sold. Failure of a cemetery authority to record on each contract for a burial site the Section name, Lot number, and Site number of each burial site. Failure of a cemetery authority to engrave, etch, or cast, or cause to be engraved, etched, or cast, the Section name, Lot number, and Site number of each burial site upon each marker or monument. In addition to Section 2-146(a), the following practices are declared to be unlawful in connection with the practice of funeral direction or the practice of mortuary science, as those practices are defined in the Health Occupation Article of the Annotated Code of Maryland: Failure of a person to make disclosure to the purchaser of funeral direction or mortuary services of all information required to be made by the Federal Trade Commission, as those requirements may be from time to time amended; Failure of a provider of funeral direction or mortuary services to retain for a period of three years a copy of the signed and dated Federal Trade Commission Disclosure Form for each purchaser of funeral direction or mortuary services. The following practices and conduct are declared to be unlawful, unfair and deceptive in connection with actions by landlords with respect to rental housing: Failure of the landlord to correct substandard living conditions of their rental properties. Landlord's misleading advertising of amenities of their rental properties. Landlord's failure to maintain essential services required on their rental properties. Unwarranted fees assessed by landlords upon tenants in their rental properties. Persistent housing violations by landlords on their rental properties.

The Director shall have the power to: Receive and investigate complaints from all persons affected by potential or actual violation of this Division, or to initiate its own investigation of frauds and unfair dealings against such persons; Issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records and other evidence in any matter over which this Division applies; administer oaths or affirmations to any person whose testimony is required; interrogate witnesses; inspect premises; require written answers to questionnaires; require periodical written reports and the filing of statements; Issue cease and desist orders with respect to unlawful consumer practices; Report to the appropriate law enforcement officers any information concerning violations of any consumer protection laws, the reporting of which to be within the discretion of the Director; Represent the interest of consumers generally before administrative and regulatory agencies and legislative groups; Assist, advise, and cooperate with local, State, and Federal agencies and officials to protect and promote the interest of the County consumer public; Assist, develop, and conduct programs of consumer education and information through publications and other materials prepared for distribution to the County Consumer public; Undertake activities to encourage local business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion and sale of consumer merchandise and services, and in the extension of credit; and, Exercise and perform such other functions, powers, and duties as may be deemed necessary or appropriate to protect and promote the welfare of County consumers.

In addition to the powers provided in Section 2-147, the County, on behalf of the Director, shall have the authority: To seek and obtain, in an action in the Circuit Court, an injunction prohibiting a continuing violator of this Division, or a person disobeying a subpoena of the Director, or a repeated, persistent, or multiple violator from continuing unlawful practices or engaging in such activities after appropriate notice to such person. Such notice shall state generally the relief sought and be served at least ten (10) days prior to the institution of such action; To vacate, annul, or suspend the Traders or Business License of any person licensed under the laws of this County; In lieu of instituting or continuing an action or proceeding, the Director may accept written assurance of discontinuance of any act or practice in violation of this Division. Such assurance may include a stipulation for the payment by the violator of the costs of investigation and may also include a stipulation for the restitution by the violator to consumers of money, property, or other things received from such consumers in connection with a violation of this Division. An assurance entered into pursuant to this Section shall not be deemed to admit the violation unless it does so by its terms. Violation of an assurance entered into pursuant to this Section shall be treated as a violation of this Section and shall be subject to all the provisions herein.

In any action brought under the provisions of this Division, the County is entitled to recover from a violator the costs for investigation and hearing; provided an improper practice or a violation of any written assurance in Subsection 2-148(3) or consent finding in Subsection 2-148(3) is found to exist.

Any person subjected to unlawful practice or conduct in violation of this Division may file with the Director a complaint in writing. The complaint shall state the name and address of the person alleged to have committed the violation complained of and the particulars thereof, but the Director may relax this requirement for illiteracy or for other good cause. Upon filing a complaint as set forth in this Section, the Director shall make such investigation as it deems appropriate to ascertain facts and issues. If the Director shall determine that there are reasonable grounds to believe a violation has occurred and is susceptible of conciliation, the Director shall attempt to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal. Nothing said or done during such initial conferences shall be made public by the Director or any member of the staff of the Department of the Environment unless the parties agree thereto in writing.

The Director is authorized to seek the cooperation of all departments and agencies of the County Government in connection with any investigation under this Division, or to refer any matter which poses a serious legal problem to a legal referral agency or to any other agency suited to handle such problems.

The terms of conciliation agreed to by the parties may be reduced to writing and incorporated into a consent finding to be signed by the parties. This agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated. (b) It shall be a violation of this Division to violate or fail to adhere to any provision contained in a consent finding. Any failure by the Director to enforce compliance with any provision of a consent finding shall not constitute a waiver of any right of the Director or provision of such agreement.

If the Director determines that the complaint lacks reasonable grounds upon which to base a violation of this Division or is not within the jurisdiction of the Director under the provisions of this Division, the Director may dismiss such complaint or order such further investigation as may be necessary. The Director may determine that the complaint should be forwarded for handling to the Office of the Attorney General of Maryland or other appropriate agency.

The Director, with respect to a matter which the Director believes may involve a violation of this Division, may hold a public hearing to determine whether a violation has been committed. The Director shall mail a copy of the statement of charges, by registered or certified mail, first class, return receipt requested, to the respondent. The Director shall mail notice of the time and date of the hearing to all other parties of record by regular mail. The provisions of paragraphs (1) and (2) of this Subsection shall not preclude the use of other methods of service in addition to those prescribed above. The hearing shall be open to the public and shall be held not less than ten (10) days after service of the statement of charges. The parties of record may, at their option, appear before the Director in person or by duly authorized representative or may have the assistance of an attorney. The parties may present testimony and evidence, and the right to cross-examine witnesses shall be preserved. All testimony and evidence shall be given under oath or by affirmation and may be required by the issuance of a subpoena signed by the Director. Irrelevant, unduly repetitious, or protracted testimony and evidence shall not be permitted. Hearings may be limited by the Director, provided the parties are so notified prior to the hearing. The Director shall keep a full record of the hearing. Such record shall be public and open to inspection by any person. Upon request by any interested party to the proceeding, the Director shall furnish such party a copy of the hearing record at such cost as the Director deems appropriate.

If, at the conclusion of the hearing, the Director shall determine, upon the preponderance of testimony and evidence, that the person complained against has violated this Division, the Director shall state findings and issue an order requiring the person complained against to cease and desist from such unlawful conduct or practice, and to take such affirmative action, including but not limited to an order for restitution of money or property, as will effectuate the purposes of this Division. The Director shall mail copies of the order to the respondent and to all other parties of record by regular mail. In addition, a civil penalty in an amount not to exceed One Thousand Dollars ($1,000) may be ordered by the Director upon a finding of a violation of this Division together with: A pattern of consumer fraud as demonstrated by two (2) or more additional proven violations, all occurring within a single twelve (12) month period and all based on the same or similar consumer complaints; and A pattern of defiance of orders of the Director for restitution and/or to cease and desist as demonstrated by two (2) or more outstanding orders where the respondent has failed to comply with said orders and all rights of appeal have been exhausted. In determining the imposition and amount of any civil penalty, for a pattern of consumer frauds as in paragraph (b)(1), above, the Director shall consider the following: The respondent's history of violations of this Division; The nature and gravity of the violations; The respondent's efforts at cooperation in resolving complaints; The ratio of the number of violations to the volume of the respondent's business; and The degree to which the respondent's failure to accept negotiated settlements on the consumer complaints resulting in findings of violations was based on good faith defenses to the charges. The order shall contain a notice that if the Director determines that the person complained against has not, after thirty (30) calendar days following service of its order, corrected the unlawful conduct or practice and complied with the order, the Director will transmit the matter to the Office of Law for enforcement pursuant to this Division. Any determination by the Director of violation of this Division shall constitute a conclusive finding. The County Attorney may institute, in the name of the County, a body politic, civil proceedings, including the seeking of such money judgments, restraining orders and temporary or permanent injunctions, as are necessary and proper to obtain complete compliance with the Director's order.

If, at the conclusion of the hearing, the Director determines, upon the preponderance of the testimony and evidence, that the person complained against has not violated this Division, the Director shall state findings and issue an order dismissing the complaint.

If, at any time a complaint has been filed, the Director believes that appropriate civil action to preserve the status quo or to prevent irreparable harm appears advisable, the Director shall transmit the matter to the Office of Law. The Office of Law may bring, in the name of the County, a body politic, any action necessary to preserve such status quo or to prevent such harm, including the seeking of temporary restraining orders and preliminary injunctions. The County Attorney is authorized to take such actions.

The Director may adopt rules and regulations for the conduct of hearings under this Division. The rules and regulations shall be made available to the public.

Nothing in this Division shall prevent any person from exercising any right or seeking any remedy to which he might otherwise be entitled, or from filing any complaint with any other agency, including State and Federal agencies. Any aggrieved person is authorized to appeal a decision or order of the Director pursuant to this Division to the Board of Administrative Appeals.

This Division does not annul, alter, or affect, or exempt any seller or lender from complying with the Laws of Maryland relating to consumer transactions, except to the extent that those laws are inconsistent with the provisions of this Division, and then only to the extent of the inconsistency.

There shall be a nonabatement of complaints or legal action pending under the existing laws at time of passage of this Division.

All contracts for the sale of real property located in this County shall contain the following terms of sale, or other wording identical in its effect: "Seller(s) certifies that Seller(s) has no knowledge of any published staff draft or adopted land use plan (or adopted Zoning Map Amendment) which may result in condemnation or taking of any part of Seller's(s') property. Buyer(s) acknowledge(s) that Buyer(s) is aware that information relative to (1) government plans for land use, roads, highways, parks, transportation, etc., and (2) rezoning is available for inspection at the County Administration Building, Upper Marlboro, Maryland, at www.PGAtlas.com, and http://www.pgplanningboard.org. Buyer(s) further acknowledges, and is strongly encouraged to take advantage of his/her opportunity to examine the above referenced information and any other information pertaining to the property that is relevant to Buyer prior to signing or entering into the contract of sale". Any contract for the sale of residential real property located in this County, for which the Department of Public Works and Transportation has recorded a covenant deferring future costs for street improvements for which the purchaser may be liable, shall contain disclosure of this condition by the seller (owner). Any contract for the sale of residential real property located in this County, for which the seller does not hold record title or a Land Records receipt for recording at the time the contract is signed, shall be accompanied by the following notice, on a separate sheet no smaller than the largest contract page: NOTICE TO PURCHASERSPLEASE TAKE NOTICE that the Seller of the Property in this Contract Does Not Presently Hold Title to the Property, in the Land Records of Prince George's County.COUNTY LAW REQUIRES THE SELLER to Inform the Purchaser, to Inform the Purchaser, at the Time the Contract is Signed, that the Seller Does Not Presently Hold Title to the Property.

This notice shall be signed and dated by purchaser and seller at the time the contract is signed, and copies shall be retained by purchaser and seller as part of the contract. Any person who violates requirements in this Subsection is guilty of a misdemeanor and subject to the penalties provided in Subtitle 1. Any contract for the sale of residential real property that is located within one (1) mile of a general aviation airport, as defined in Subtitle 27 of the County Code, shall include, as an attachment to the contract of sale, a General Aviation Airport Environment Disclosure Notice, in a form approved by the Planning Board. The General Aviation Airport Environment Disclosure Notice shall be dated and signed by the purchaser(s) and the seller(s). If the seller is represented by a real estate agent, the agent shall ensure that the Disclosure Notice is provided to the purchaser, or purchaser's agent. Any contract for the sale of residential real property located in this County which is subject to a Tree Conservation Plan shall be accompanied by the following notice, on a separate sheet no smaller than the largest contract page: NOTICE TO PURCHASERSPLEASE TAKE NOTICE that the Property in this Contract is subject to a Tree Conservation Plan that requires the conservation and protection of the trees and other woody plants that comprise the woodland and restricts the use of the property by the owner within the Tree Conservation Plan area. Failure of the owner of the Property to protect the woodland in a Tree Conservation Area may result in a fine and an obligation to restore the woodland or mitigate the damage to the woodland through the payment of money or other appropriate means.THE SELLER IS REQUIRED to inform the Purchaser at the time the Contract is signed, that the property is subject to a Tree Conservation Plan and provide a copy of a plat of the property that depicts the area subject to the Tree Conservation Plan.

This notice shall be provided by the seller before the execution of the contract of sale by the purchaser. This notice, signed or initialed and dated by the purchaser and seller, shall be provided at the time the contract is signed, and copies shall be retained by purchaser and seller as part of the contract. Any person who violates requirements in this subsection is guilty of a misdemeanor and subject to the penalties provided in Subtitle 1. A purchaser who does not receive the Notice to Purchasers on or before the date the contract of sale is entered into may rescind the contract within five (5) days following receipt of the Notice to Purchasers. Any contract for the sale of residential real property located in this County, for which there are deferred private water and sewer assessments recorded by a covenant or declaration deferring costs for water and sewer improvements (front foot benefit charge) for which the purchaser may be liable, shall contain disclosure of this condition, including the amount of the annual assessment, the approximate number of years remaining on the assessment, the name and address of the party most recently responsible for collection of the assessment, by the seller (owner) at the time the contract is signed. Any contract for sale of residential real property with a recorded scenic easement from the National Park Service due to the location of the property in the Mount Vernon Historic Viewshed shall contain disclosure advising of the existence of the easement. The failure of a contract to comply with the requirements of Subsections (a), (b), (c), (d), (g), and (h) shall enable a party to the contract who is aggrieved by such failure to rescind the contract at any time prior to settlement. The right of rescission provided by this Subsection is not an exclusive remedy, and any other right or cause of action available to a party to the sales contract shall remain. No contract for the sale of real property located in the County shall contain any statement in violation of Sections 29-124 and 29-125. Notwithstanding any other provision of this Division, the jurisdiction of the Department of the Environment shall not extend to this Subdivision except for the purpose of assisting in consumer education and information as to the requirements of this Section.