RICHARD AND DAPHNE CECCONE v. CARROLL HOME SERVICES, LLC, 454 Md. 680

Summary

HOLDINGS: [1]-Although a provision of a home services maintenance agreement that shortened the three-year period of limitations in Md. Code Ann., Cts. & Jud. Proc. § 5-101 to one year was not contrary to any controlling statute, the circuit court erred in finding the provision enforceable without considering whether defenses such as fraud, duress, or misrepresentation might apply and without assessing the reasonableness of the provision; [2]-On remand, it would be necessary to consider the homeowners' evidence of misrepresentation and fraud while also determining the reasonableness of the shortened limitations period in light of the totality of the circumstances, which would include the length of the shortened period, its relation to the statutory period, the parties' relative bargaining power, the subject matter of the contract, and whether the provision applied to both parties.