§ 4.5-708
Statutes in effect as of October 1, 2026.
Md. Code Ann., Bus. Reg. § 4.5-708 (2026)
Title 4.5. Home Builder Registration
Subtitle 7. Home Builder Guaranty Fund
§ 4.5-708LinkCopy Citation
(a)
(1)
The Division may join a proceeding on a claim against the Guaranty Fund with a disciplinary proceeding against a registrant under this subtitle if the disciplinary hearing is based on the same facts alleged in the claim.
(2)
In a consolidated proceeding the claimant is a party, and may participate in the hearing to the extent necessary to establish the claim.
(b)
(1)
Notwithstanding § 4.5–702(2) of this subtitle, a claimant may not concurrently submit a claim to recover from the Guaranty Fund and bring an action in a court of competent jurisdiction against a registrant based on the same facts alleged in the claim.
(2)
If, after filing a claim, the claimant brings an action in a court of competent jurisdiction based on the same facts alleged in the pending claim, the Division shall stay its proceedings on the claim until there is a final judgment and all rights to appeal are exhausted.
(3)
To the extent that a final judgment or final award in arbitration is based on the same factual and legal issues alleged in a pending claim, the Division shall:
(i)
approve the claim against the Guaranty Fund, if the judgment or award is decided in favor of the claimant and the registrant has failed to pay the judgment or award; or
(ii)
dismiss the claim against the Guaranty Fund, if the judgment or award is decided in favor of the registrant.