In this subtitle the following words have the meanings indicated. “Advertising” means any oral, written, printed, or graphic statement or representation made in connection with the solicitation or sale of basement waterproofing services. “Basement” means a subsurface or subterranean portion of a home, dwelling, or other building. “Basement waterproofing” means the use or application of materials or processes for the prevention or control of water leakage or water flow through the basement walls or flooring into the interior portion of a basement. “Engineer’s analysis” means a written report, from a professional engineer or architect licensed in this State, containing: An analysis of soil conditions, water tables or pressure, and other factors or conditions that affect the existence and correction of basement water problems; and An opinion as to the probability that the process and the particular substances or materials which are to be used in the performance of basement waterproofing services will or will not cure the basement water problem or have a significant waterproofing effect. “Seller” means a person, or an agent, representative, or employee of a person engaged in the business of basement waterproofing. “Seller’s analysis” means a written statement, by the seller, of the causes and conditions responsible for the buyer’s basement water problem and the specific processes and materials to be used to correct the problem. “Soil injection/pressure pumping” means a basement waterproofing process in connection with waterproofing services in which: A substance is injected into the ground adjacent to the basement walls or beneath the basement foundation or floor by pipes or other conduits; or Substances are poured into shallow trenches adjacent to basement walls for the purpose of protecting or sealing the basement walls, foundation, floors, or exterior soil against water penetration. “Waterproofing technique” means any single process designed to prevent or control water leakage into a house or dwelling, but does not include the combination of two or more processes.

It is an unfair or deceptive trade practice within the meaning of Title 13 of this article for a seller to: 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; Fail to describe separately and conspicuously on the seller’s analysis and the service contract the cost of a soil injection/pressure pumping procedure; Submit a seller’s analysis to the buyer that the seller knows or has reason to know is founded on incorrect facts or conclusions; 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; 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 Fail to itemize on the service contract the individual cost of each waterproofing technique used.

Any person who violates any provisions of this subtitle is subject to the penalties provided for in Title 13 of this article.

If a judgment is entered in favor of a complaining party, the court may award attorney fees to the complaining party.