Legislation
SECTION 4618
Civil action
Public Health (PBH) CHAPTER 45, ARTICLE 46
§ 4618. Civil action. Any person who, as or on behalf of an operator,
enters into a contract without having first delivered to the prospective
resident the disclosure statement and annual report required by sections
forty-six hundred six and forty-six hundred seven of this article; or
delivers to the prospective resident a disclosure statement or annual
report that omits a material fact or makes an untrue or misleading
statement of material fact shall be liable to the individual contracting
for services pursuant to such contract for damages and repayment of all
entrance, application, periodic charge, or other fees paid by such
person, less the reasonable cost of care and housing provided until
discovery of the violation or until the violation should reasonably have
been discovered, together with interest, costs, and reasonable
attorney's fees.
enters into a contract without having first delivered to the prospective
resident the disclosure statement and annual report required by sections
forty-six hundred six and forty-six hundred seven of this article; or
delivers to the prospective resident a disclosure statement or annual
report that omits a material fact or makes an untrue or misleading
statement of material fact shall be liable to the individual contracting
for services pursuant to such contract for damages and repayment of all
entrance, application, periodic charge, or other fees paid by such
person, less the reasonable cost of care and housing provided until
discovery of the violation or until the violation should reasonably have
been discovered, together with interest, costs, and reasonable
attorney's fees.