# Real Property (GRP)

## Title 10. Sales of Property

### Subtitle 8. Miscellaneous Provisions

#### Section 10-801

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Home builder" means a person that undertakes to erect or otherwise construct a new home.

  (3) "Minimum visitability features" means:

    (i) A ground level entrance:

      (1) That has a width of 36 or more inches;

      (2) That is accessible from the outside of the new home or an attached garage; and

      (3) In which the threshold of the entrance is no more than 1.5 inches higher than the interior floor and the exterior landing; and

    (ii) A circulation route from the ground level entrance to an unattached garage, parking space, or public right-of-way that is free of any curbs, steps, landings, obstacles, or other vertical changes in level that are more than 1.5 inches.

  (4)

    (i) "New home" means a newly constructed single-family dwelling unit.

    (ii) "New home" does not include:

      (1) A custom home as defined in Sec. 10-501 of this title; or

      (2) A mobile home as defined in Sec. 8A-101 of this article.

(b) This section does not apply to:

  (1) A new home that is located above another new home;

  (2) An attached new home;

  (3) A new home:

    (i) That does not have a garage; and

    (ii) In which the slope between the finished ground level at all unit entrances to the nearest point along a property line that borders a public right-of-way is greater than 10%; or

  (4) A new home in which compliance with the design flood elevation restrictions will cause:

    (i) The finished floor to be more than 30 inches above the finished ground level at all unit entrances; or

    (ii) The slope between the finished floor at all unit entrances to the nearest point along a property line that borders a public right-of-way to be greater than 10%.

(c) This section applies only to a home builder that constructs 11 or more new homes in a subdivision that contains 11 or more new homes.

(d)

  (1) Subject to paragraph (2) of this subsection, at the time of offering new homes in a subdivision for sale, a home builder shall offer minimum visitability features as an option for purchase.

  (2) The offer of minimum visitability features shall be accompanied by:

    (i) A point of sale document that describes the minimum visitability features; and

    (ii) A generic drawing or photograph that shows the minimum visitability features and the lots and new home types that are conducive to the minimum visitability features that could be constructed.

#### Section 10-802

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Escrow agent" means a person engaged in the business of residential real estate settlements who receives trust money.

  (3) "Residential real estate" means:

    (i) Real property improved by four or fewer single-family dwelling units that are designed principally and are intended for human habitation; and

    (ii) Unimproved real property zoned for residential use by the local zoning authority of the county or municipality in which the real property is located.

  (4) "Trust money" means a deposit made by a purchaser in connection with a residential real estate sales transaction that the purchaser delivers to an escrow agent to hold for the benefit of the purchaser and the seller.

(b) This section does not apply to:

  (1) Banks, trust companies, savings and loan associations, savings banks, or credit unions;

  (2) A homebuilder registered under Title 4.5 of the Business Regulation Article who is engaged in the initial sale of residential real estate; or

  (3) A real estate salesperson, associate real estate broker, or real estate broker licensed under Title 17 of the Business Occupations and Professions Article.

(c) When an escrow agent agrees to hold trust money, the escrow agent shall enter into a written agreement with the purchaser and seller of the residential real estate that contains the following information:

  (1) The amount of the trust money delivered to the escrow agent;

  (2) The date the trust money was delivered to the escrow agent;

  (3) The responsibility of the escrow agent to notify the purchaser and seller of trust money returned due to dishonored funds;

  (4) The conditions under which the escrow agent may release the trust money; and

  (5) The process to address disputes over the release of the trust money.

(d) If a purchaser terminates a real estate transaction in accordance with Sec. 10-803 of this subtitle, the escrow agent shall distribute the trust money to the purchaser in accordance with the requirements of this section.

(e) Nothing in this section may be construed to prohibit an escrow agent from transferring trust money to another escrow agent if the purchaser of the residential real estate for which the trust money is held chooses the escrow agent to whom the trust money is transferred.

#### Section 10-803

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Contingency" means a clause included in a contract of sale for residential real estate that:

    (i) Requires a specific event or action to occur for the contract to be enforceable; and

    (ii) Entitles a party exercising the contingency to terminate the contract and receive distribution of the trust money.

  (3) "Holder of trust money" means:

    (i) An escrow agent as defined in Sec. 10-802 of this subtitle; or

    (ii) A licensed real estate broker as defined in Sec. 17-101 of the Business Occupations and Professions Article.

  (4) "Residential real estate" has the meaning stated in Sec. 10-802 of this subtitle.

  (5) "Trust money" has the meaning stated in Sec. 10-802 of this subtitle.

(b)

  (1)

    (i) If a purchaser terminates a residential real estate contract under the terms of a contingency clause of a contract of sale for residential real estate, the purchaser may request the return of the trust money by providing the holder of the trust money and the seller written notice of the request.

    (ii) Within 10 days after receiving a request made in accordance with subparagraph (i) of this paragraph, the seller shall provide the holder of the trust money with a copy of a complaint filed in the District Court or a copy of a notarized, written request for mediation provided to a mediator relating to the distribution of the trust money.

    (iii) If the holder of the trust money has not received a copy of a complaint filed, or a request for mediation made, in accordance with subparagraph (ii) of this paragraph, the holder of the trust money shall:

      (1) Distribute the trust money to the purchaser within 5 days after the expiration of the time specified in subparagraph (ii) of this paragraph; and

      (2) Notify the purchaser and seller of the distribution.

    (iv) If the holder of trust money receives a copy of a complaint filed, or a request for mediation made, in accordance with subparagraph (ii) of this paragraph, they shall hold the trust money until:

      (1) A court order or mediation agreement authorizes the distribution of the money; or

      (2) The holder of the trust money files an interpleader action in the District Court.

  (2) A holder of trust money may not be liable for a decision to distribute trust money made in accordance with this subsection.

(c) A claimant who is aggrieved by a distribution of trust money under this section may file an action in the District Court sitting in the district in which the residential real estate is located.

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Md. Code Ann., Real Prop. (as displayed at mgaleg.maryland.gov, October 16, 2026)