Congratulations to Maryland condo lawyer, Raymond Burke, a partner at client Ober Kaler, who was recently cited as an authority on Maryland condominium law by the Maryland Court of Appeals in its recent decision, MRA Property Management, Inc., et al. v. Armstrong, No. 93, Sept. Term 2007 (filed on October 25, 2011), holding that (i) the resale certificate disclosure rules in the Maryland Consumer Protection Act apply to purchases of condominium units, and thus (ii) where a council of unit owners and its property management company violate the resale certificate disclosure obligations imposed by Md. Real. Prop. Code Ann. Sec. 11-135, “they engage in unfair and deceptive trade practices ‘in the sale of consumer realty.’”
The court cited to Ray's publication entitled Developing and Managing Condominium and Homeowners’ Associations, National Business Institute (2007) (co-authored with Kathleen M. Elmore and Cynthia Hitt Kent), in which he wrote:
”Md. Com. Law Code Ann. Sec. 13-408(a) establishes a private cause of action for damages sustained as a result of an act prohibited by the Consumer Protection Act. The Act is specifically applicable to ‘consumer realty,’ and, accordingly, representations made in connection with the sale of real property may constitute unfair and deceptive trade practices where they are misleading.”
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