Maryland Code, COMMERCIAL LAW 14-3901
Terms Used In Maryland Code, COMMERCIAL LAW 14-3901
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) “Arbitration activity” means the initiation, conduct, sponsorship, or administration of, or the appointment of an arbitrator in, a consumer arbitration.
(c) “Arbitration organization” means a nongovernmental association, agency, board, commission, corporation, or other entity that performs arbitration activities.
(d) “Consumer” means an individual who is:
(1) A resident of the State; and
(2) An actual or prospective purchaser or lessee of any goods, services, real property, or credit primarily for personal, family, or household purposes.
(e) (1) “Consumer arbitration” means a binding arbitration conducted in accordance with a consumer arbitration agreement.
(2) “Consumer arbitration” does not include:
(i) A binding arbitration conducted in accordance with the provisions of a policy of property insurance, casualty insurance, or surety insurance, as those terms are defined in § 1-101 of the Insurance Article;
(ii) An arbitration governed by rules adopted by a securities self-regulatory organization and approved by the United States Securities and Exchange Commission under federal law; or
(iii) An arbitration between a consumer and a related institution that is licensed by the Maryland Department of Health, if the consumer arbitration agreement between the consumer and the related institution is not mandated as a condition of admission of the consumer to the related institution.
(f) (1) “Consumer arbitration agreement” means a standardized contract that:
(i) Is between a consumer and another person who is not a consumer;
(ii) Provides for the sale or lease of any goods, services, real property, or credit primarily for personal, family, or household purposes; and
(iii) Requires that disputes arising under the contract be submitted to binding arbitration.
(2) “Consumer arbitration agreement” does not include a public or private sector collective bargaining agreement.
(g) “Related institution” has the meaning stated in § 19-301 of the Health – General Article.