Exam Cheat Sheet · Quick Reference
Maryland Home Improvement Salesperson (MHIC)
Maryland
Maryland State Portion 35 questions
Key Distinctions
A buyer under 65 may cancel a home improvement contract until midnight of the 5th business day after the transaction, while a buyer who is at least 65 years old gets until midnight of the 7th business day.
Maryland Door-to-Door Sales Act, §14-302.1(1)-(2)The buyer's time to cancel varies with age (5 business days, or 7 if at least 65), but the contractor must refund all payments within 10 business days after receiving the cancellation notice regardless of the buyer's age.
Maryland Door-to-Door Sales Act, §14-302(7)For home improvement contracts the Notice of Cancellation must be on a separate form that is not part of the contract, whereas under the general door-to-door rule the notice is attached to the contract (with statements in 10 point boldface type).
Maryland Title 14, Subtitle 3, Section 14-302.1(2)(i)A first conviction is a misdemeanor carrying up to 6 months incarceration and up to a $1,000 fine; each subsequent conviction carries up to 2 years incarceration and up to a $5,000 fine.
NASCLA Contractors Guide, Maryland Home Improvement (7th ed.), Chapter 1 — Maryland Home Improvement Law and Regulations, Subtitle 6 - Prohibited Acts and PenaltiesThe Home Improvement Guaranty Fund compensates homeowners only for actual losses caused by licensed contractors; a homeowner who hires an unlicensed contractor cannot collect from the Fund.
NASCLA Contractors Guide, Maryland Home Improvement (7th ed.), Chapter 1 — Maryland Home Improvement Law and Regulations, Subtitle 4 - Home Improvement Guaranty FundA salesperson may represent no more than 2 contractors at a time, but while actually selling a home improvement during a presentation may represent, advertise, or offer the services of only a single contractor and must use that contractor's named contract form.
NASCLA Contractors Guide, Maryland Home Improvement (7th ed.), Chapter 1 — Maryland Home Improvement Law and Regulations, §8-310The Commission treats work as home improvement if it adds value to the residence and would typically remain part of the property if sold, which distinguishes it from basic maintenance activities.
NASCLA Contractors Guide, Maryland Home Improvement (7th ed.), Chapter 1 — Maryland Home Improvement Law and Regulations, Subtitle 1 - Definitions and General Provisions (Commission interpretation criteria)Per §8-102 the Home Improvement Law does not apply to transactions involving the United States or an instrumentality of the United States, or a state or an instrumentality or political subdivision of a state (e.g., the State-owned Governor's mansion).
NASCLA Contractors Guide, Maryland Home Improvement (7th ed.), Chapter 1 — Maryland Home Improvement Law and Regulations, §8-102The Act covers personally solicited sales of consumer goods/services of $25 or more made away from the seller's place of business, but does not apply to the sale or rental of real property, the sale of insurance, or the sale of securities or commodities by a registered broker-dealer.
Maryland Door-to-Door Sales Act, §14-301.1(6)These are distinct violations: a correct oral disclosure followed by a written document stating a wrong (shorter) cancellation period is a misrepresentation under subsection (6), not a failure to inform under subsection (5).
Maryland Title 14, Subtitle 3, Section 14-302(6)The contract must include the contractor's name, address and MHIC license number, approximate start and completion dates, and a consumer notice with the Commission's phone number; a performance bond is not required, the contract need only inform the homeowner of the right to request one.
NASCLA Contractors Guide, Maryland Home Improvement (7th ed.), Chapter 1 — Maryland Home Improvement Law and Regulations, Subtitle 5 - Home Improvement ContractsAn arbitration clause must disclose that a Guaranty Fund claim is stayed only until the mandatory arbitration proceeding is completed — it is not permanently waived — and the clause must be initialed and dated by the parties.
NASCLA Contractors Guide, Maryland Home Improvement (7th ed.), Chapter 1 — Maryland Home Improvement Law and Regulations, Subtitle 5 - Mandatory ArbitrationFor claims of $7,500 or less the Commission may, after review and investigation, issue a proposed order to pay all or part of the claim without a formal hearing; otherwise it may dismiss a meritless claim or schedule a hearing.
NASCLA Contractors Guide, Maryland Home Improvement (7th ed.), Chapter 1 — Maryland Home Improvement Law and Regulations, Subtitle 4 - Home Improvement Guaranty Fund ($7,500 proposed order provision)Key Terms
Formulas to Know
Max deposit = 1/3 × contract price (e.g., $60,000 × 1/3 = $20,000); no payment may be accepted until the contract is signedStart the day after the transaction and count every calendar day except Sunday and specified federal holidays (Saturday counts); 5 business days for buyers under 65, 7 for buyers at least 65 — e.g., Wednesday sale: Thu(1), Fri(2), Sat(3), Mon(4), Tue(5) → cancel prior to midnight of the following TuesdayWithin 10 business days of receipt of a valid cancellation notice: refund all payments, return traded-in goods/property, and cancel and return any negotiable instrumentsIf buyer makes goods available and seller does not pick them up within 20 days of the date of the cancellation notice, buyer may retain or dispose of them without further obligationAmount paid from the Fund + interest at an annual rate of 10%; unpaid debts referred to the Central Collection UnitWhen total approved claims against one contractor exceed the $250,000 maximum, each claimant may be paid the same percentage of their claim; unsatisfied approved claims are paid if the contractor later reimburses the FundIf the Fund balance falls below $1,000,000, the Commission may assess each contractor $50, but not more than $150 per calendar yearUp to $5,000 per violation, whether or not the person is licensed, instead of or in addition to reprimand, suspension, or revocationPay the fee imposed by the applicant's state of incorporation/principal office on a similar nonresident business if that fee is higher than the Commission's application feeApplicant may request a hearing within 10 days after the notice of denial is mailed; the Commission must hold the hearing within 30 days after receiving the requestWait 30 days after the first failure (study-guide summary; COMAR 09.08.01.16(C) states 21 days) and 60 days after each subsequent failure; a passing score is valid 2 years, after which the exam must be retaken before applying