HCAR Form 1201 – Howard County Addendum Page 1 of 3 Revised: 6/2012
HOWARD COUNTY NOTICE AND DISCLOSURE ADDENDUM
(For use with the MAR Residential Contract of Sale and the Regional Contract of Sale)
Addendum #_______ dated _________________ to the Contract of Sale (the “Contract”) dated ___________________.
The Residential Contract of Sale (“the Contract”) between ______________________________________ (Seller) and
_______________________________________ (Buyer), dated _____________________, for the sale of Property known as
______________________________________________________________________________________, located in Howard County,
Maryland is hereby amended by addition of the following which is incorporated in and made a part of the Contract of Sale. In the event any of the
following provisions are inconsistent with other provisions in the Contract, the terms and conditions of this Addendum shall supersede such other
provisions and shall control.
1. GENERAL PLAN MAPS: HOWARD COUNTY:
A. NOTICE TO BUYER
: GENERAL PLAN MAPS AND GENERALIZED ZONING MAP FOR HOWARD COUNTY.
i. If you are purchasing an existing residential dwelling unit ("Re-Sale Home") or a newly constructed residential dwelling unit ("New Home") which
is located in Howard County, Maryland, the Seller is required by Section 17.502 of the Howard County Code to notify you that the Property being purchased
may be affected by plans for roadway capital improvements and land use in Howard County. Current plans for roadway capital improvement and land use in
Howard County are contained in the current Howard County General Plan Maps and current Generalized Zoning Map (the "Maps").
ii. YOU HAVE THE RIGHT TO EXAMINE THE CURRENT HOWARD COUNTY GENERAL PLAN MAPS AND CURRENT GENERALIZED
ZONING MAP.
B. ACKNOWLEDGEMENT BY BUYER
_______/_______ Buyer hereby acknowledges that Seller has notified the Buyer of the Buyer's right to examine the current General Plan Maps and current
Buyer Initials Generalized Zoning Map for Howard County and Buyer understands that in order to become fully informed of current and future
roadway improvements and land use plans, Buyer should consult with the Howard County Department of Planning and Zoning,
3430 Courthouse Drive, Ellicott City, Maryland 21043.
C. AVAILABILITY OF MAPS
If the Property being purchased is a Re-Sale Home a copy of the Maps is available at the Howard County Department of Planning and Zoning, 3430
Court House Drive, Ellicott City, Maryland 21043. If the Property being purchased is a New Home, the Seller is required to have available in a model home
or sales office a copy of the current General Plan Maps and Generalized Zoning Map for Howard County. If a model home or sales office is not located in the
same subdivision as the Property, the Seller of a New Home shall have a copy of the Maps available at the Property.
D. RESCISSION RIGHTS OF BUYER
:
If notice of the availability of the General Plan Maps and Generalized Zoning Map is provided to you at the time of or within
less than two (2) days before entering into the Contract, you shall have the right, upon written notice to the Seller, to rescind the Contract and, in the event of
such rescission, all deposit money paid by you in connection with the Contract will be returned to you. To be effective, your election to rescind the Contract,
as herein provided, must be delivered to the Seller not later than 11:59 p.m. on the second Howard County Government business day immediately following
the date of Buyer's acknowledgement of the availability of the Maps for Howard County as evidenced by the initials of the Buyer in Section 1.C. of this
Addendum. If notice of the availability is provided to you more than two (2) days before entering into the Contract, then you shall have no right to rescind the
Contract for any reason based upon the contents of the Maps.
_______/_______ Buyer hereby acknowledges that Buyer has read this Section D above and is aware of Buyer's rescission rights.
Buyer Initials
E. FAILURE TO PROVIDE GENERAL PLAN MAPS:
i. Buyer is advised that Section 17.502(c) of the Howard County Code provides that the failure of the Seller to provide notice of the availability of the
Maps for Howard County shall not cause the Contract to be invalid, void, voidable or otherwise unenforceable by the Seller or Buyer.
ii. Seller is hereby advised that Section 17.504 of the Howard County Code provides that the failure of the Seller to provide notice of the availability
of the Maps for Howard County would constitute a violation of Title 24, "Civil Penalties” of the Howard County Code and may result in a Class B
offense under Title 24 against the Seller.
HCAR Form 1201 – Howard County Addendum Page 2 of 3 Revised: 6/2012
2. NEW HOME - RIGHT TO PRE-SETTLEMENT INSPECTION.
A. Not less than fourteen (14) hours nor more than seventy-two (72) hours prior to the date of actual settlement, a buyer of a new home, or the agent of the
Buyer, shall have the right to inspect the new home. If mutually agreed upon in writing, the Buyer and Seller may provide for more than one (1) pre-settlement
inspection or for the pre-settlement inspection to occur not less than fourteen (14) hours or more than seventy-two (72) hours prior to the date of actual settlement.
Not later than fourteen (14) calendar days prior to the date of actual settlement, the Seller shall notify the Buyer, in writing, of the proposed date and time of the
pre-settlement inspection. Such written notice shall include three (3) proposed pre-settlement inspection times on at least two (2) different dates. The pre-settlement
inspection, unless agreed to otherwise by the Buyer, shall be scheduled to commence between the hours of 10:00 a.m. and 8:00 p.m. The Buyer, upon receipt of the
notice of pre-settlement inspection as herein provided from the Seller, shall promptly notify the Seller or the agent of the Seller of which of the pre-settlement
inspection dates and times proposed by the Seller are accepted by the Buyer. The Seller shall make every reasonable effort to designate the dates and times for the
pre-settlement inspection reasonably convenient to the Buyer.
B. The Seller shall allow a reasonable time for the Buyer or the agent of the Buyer to conduct the pre-settlement inspection and shall provide the Buyer or
the agent of the Buyer with reasonable access to the interior and exterior of the new home and the real property being conveyed, if applicable. At the time of the
pre-settlement inspection, the Seller shall arrange to have all utilities servicing the new home to be connected and turned on in order for the Buyer or the agent of
the Buyer to inspect and test all fixtures, electrical, mechanical, including appliance, plumbing, heating and air-conditioning systems as installed in the new home.
C. Both the Buyer and the Seller, as well as the agent of the Buyer and the agent of the Seller, if requested to do so by their respective clients, may attend
the pre-settlement inspection.
D. The right of a buyer to a pre-settlement inspection as provided for in this Subtitle may not be waived in the contract of sale, and any such purported
waiver may not be enforced by the Seller in a court of law.
3. NEW HOME - ORAL STATEMENTS, REPRESENTATIONS, WARRANTIES AND PROMISES.
Any oral statements, representations, warranties or promises made to you prior to your execution of the Contract by the Seller or agent of the Seller may not
be enforceable by you against the Seller or agent of the Seller in any subsequent legal or administrative proceeding unless such statements, representations,
warranties or promises are in writing and signed by yourself and the Seller, or agent of the Seller Any statements, representations, warranties or promises made to
you by the Seller or agent of the Seller, upon which you rely, and which are not contained in this printed contract of sale form must be stated in a written addendum
attached to the Contract form which is to be signed by both yourself and the Seller in order to make such statements, representations, warranties or promises part of
the agreement between yourself and the Seller and enforceable in any legal or administrative proceeding.
4. NOTICE OF DISCLOSURES OF AIRPORTS AND HELIPORTS.
If Buyer is concerned about the existence of airports or heliports located near the Property, Buyer should contact the Howard County Zoning Office at:
(410) 313-2395 to determine the location of any such airports or heliports prior to the execution of this Addendum.
5. NOTICE TO BUYER - HOWARD COUNTY PROPERTY TAX.
DUE TO A VARIETY OF MARYLAND PROPERTY TAX CREDIT PROGRAMS, THE BUYER’S PROPERTY TAX BILL MAY BE
SIGNIFICANTLY DIFFERENT THAN THE TAX BILL PAID PREVIOUSLY BY THE SELLER OF THE PROPERTY. BUYERS SHOULD
CONTACT THE HOWARD COUNTY DEPARTMENT OF FINANCE FOR AN ESTIMATE OF THEIR PROPERTY TAX OBLIGATION.
The Howard County Department of Finance is located at: 3430 Court House Drive, Ellicott City, MD 21043 and may be contacted in person
OR by telephone at (410) 313-2195 OR visit the Howard County Citizen Self Service for Real Estate Property Taxes web site at:
http://howardcountymd.munisselfservice.com/citizens/RealEstate/Default.aspx?mode=new
(Enter property address and click search, then select “Charges Exemptions Credits.)
6. NOTICE TO BUYER - RADIUM IN WELL WATER.
According to the Howard County Health Department, Bureau of Environmental Health, a water quality survey indicates that elevated levels of
naturally occurring radium and uranium have been found is some wells located in the Baltimore Gneiss formation. Properties serviced by public
water are not impacted. Property Owners in the affected area are required to test new and replacement wells and, if applicable, install a treatment system prior
to being granted a Certificate of Potability and putting the well into use. There are no regulations that require private owners of existing private wells to meet US
EPA drinking water standards for radioactivity. The radium and uranium levels in well water may be determined through water analysis tests performed by
the Howard County Health Department or by an environmental testing firm approved by the Howard County Health Department. Buyer may obtain a
copy of a brochure entitled “Radionuclides & Your Well Water: A Homeowner’s Guide,” which brochure includes a general map of Howard County
showing the potentially affected areas as well as a list of approved environmental testing firms from the website of the Howard County Health
Department at http://countyofhowardmd.us/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=4294969374
If the Property being purchased is served by a private well and if Buyer is concerned about radium and uranium levels, Buyer, prior to execution of
this Addendum, should download and read the brochure and consider whether to include a contingency in the contract of sale to provide for a well
water quality test by the Howard County Health Department or by an approved environmental testing firm.”
HCAR Form 1201 – Howard County Addendum Page 3 of 3 Revised: 6/2012
7. NOTICE TO BUYER – FRONT FOOT BENEFIT FEES AND OTHER CHARGES.
Front Foot Benefit Fees are those charges assessed by a builder, developer, or other private entity to cover the costs of development of a property
or community including but not limited to the construction of roads, public and private water and sewer mains, pumping stations, designated
greenways, conservation easements, rights of way or other costs of development which serve or benefit the Property directly. Seller hereby discloses
and represents that the property: (Seller to initial applicable provision)
A. ______/______ IS NOT subject to a fee or assessment charged by the developer or other private entity hereinafter called (“Lienholder”)
Seller Initials which is payable as a one time or ongoing fee, runs with the land, and constitutes a contractual obligation between the
Lienholder and the Property owner.
B.
______/______ IS subject to a fee or assessment charged by the developer or other private entity (Lienholder) which is payable as a
Seller Initials one time or ongoing fee, runs with the land, and constitutes a contractual obligation between the Lienholder and the
Property owner.
This fee or assessment is in the amount of ____________________________ Dollars ($___________________) and is payable
on a one-time basis or on an ongoing basis by year / quarter / month
to: (name and address) ____________________________________________________________________________, (Lienholder).
There may be a right of prepayment or discount for early payment which may be ascertained by contacting the Lienholder. This fee or
assessment is a contractual obligation between the Lienholder and each owner of the property and is not in any way a fee or assessment by
Howard County.
8. NOTICE TO BUYER – COMMUNITY WATER AND SEWAGE FACILITY FEES.
Community Water and Sewage Facility Fees are charges assessed by a builder, developer or other private entity to cover the costs of construction, installation
and maintenance of water and wastewater services facilities which continuously serve the community or subdivision in which the property is located. Seller hereby
discloses and represents that the property: (Seller to initial applicable provision)
A.
______/______ IS NOT subject to a fee or assessment which purports to cover or defray the cost of installing and/or
Seller Initials maintaining all or part of the water or wastewater facilities constructed by the developer of the
___________________________________________________ community and/or subdivision.
B.
______/______ IS subject to a fee or assessment which purports to cover or defray the cost of installing and/or
Seller Initials maintaining all or part of the water or wastewater facilities constructed by the developer of the
___________________________________________________ community and/or subdivision.
This fee or assessment is in the amount of ____________________________ Dollars ($___________________) and is
payable annually in (month) __________________ to (name and address) ____________________________________________
_______________________________________________, hereinafter called (“Lienholder”).
There may be a right of prepayment or discount for early payment which may be ascertained by contacting the Lienholder. This fee or
assessment is a contractual obligation between the Lienholder and each owner of the property and is not in any way a fee or assessment by
Howard County.
9. NOTICE TO BUYER – COLUMBIA COVENANT COMPLIANCE. The Seller hereby discloses and represents that the property:
A. ______/______ IS NOT subject to mandatory fees assessed by the Columbia Association (CPRA)
Seller Initials
B. ______/______ IS subject to mandatory fees assessed by the Columbia Association (CPRA) – See Columbia Covenant
Seller Initials Compliance Addendum
___________________________________________________ ___________________________________________________
Buyer Date Seller Date
___________________________________________________ ___________________________________________________
Buyer Date Seller Date
Copyright 2012 The Howard County Association of REALTORS
®
. This form has been prepared for the sole use of the Howard County Association of REALTORS
®
, Inc., its members,
and REALTOR
®
members of local Boards and Associations of REALTORS
®
. The Association, its members and employees, assume no responsibility if this form fails to protect the
interest of any party. Each party should secure its own legal, tax, financial or other advice.