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
(a) In this subtitle the following words have the meanings indicated.

(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.