September 29, 2004
CONSUMER PROTECTION DIVISION FILES CHARGES AGAINST GARRETT
General J. Joseph Curran, Jr. announced today that his Consumer
Protection Division has filed a statement of charges against
a Garrett County home builder who it alleges took deposits and
payments from a consumer and failed to complete construction,
refund the payments.
to the charges, Donald Corby dba D&M Corby Construction
of Oakland, Maryland, entered into a contract with a consumer to
construct a home in Garrett County and accepted advance payments
of $24,500. To date, however, Corby has not begun construction
of the home, nor refunded the money paid. The Division alleges
that Corby violated the Maryland Custom Home Protection Act, the
Home Builder Registration Act and the Consumer Protection Act by
failing to place the $24,500 into an escrow account or having a
surety bond to cover the deposit and by failing to build the home
Consumers should protect themselves by ensuring that their deposit
will be protected before writing a check to a builder,” said
Attorney General Curran. Builders who collect deposits from consumers
are required to protect those deposits by posting a bond or letter
of credit with the Division or having consumers make deposits payable
to an escrow account separate from the builder’s operating
account. Consumers can check the method a builder has reported
using to protect deposits by contacting Curran’s Home
Builder Registration Unit at (410) 576-6573 in Baltimore, toll-free
(877) 261-8807, or by e-mail at firstname.lastname@example.org.
Division’s charges seek an order barring Corby from
acting as a builder in the State of Maryland and requiring Corby
restitution to consumers who have been harmed by his unlawful
practices, including the $24,500 collected from the consumer
the charges. Also, the Division is seeking a $1,000 civil penalty
per day of unlawful practice and the costs of the investigation.
Division also issued a notice seeking to revoke the home builder
registration of Donald Corby dba D&M Corby Construction’s
and immediately suspending Corby’s registration.
A public hearing on the charges will be held at the Consumer
Protection Division, 200 Saint Paul Place, Baltimore, on
November 1, 2004.
Consumers who may have had problems with Donald Corby dba D&M
Corby Construction should contact the Home Builder Registration