1. (a)

   1. (1) On or after October 1, 1993, a credit grantor may at its option elect to offer a plan to any borrower either pursuant to this subtitle or as otherwise permitted by applicable law.
   2. (2) In order for a plan to be established under and governed by this subtitle, a credit grantor shall make a written election to that effect in the agreement governing the plan.

2. (b)

   1. (1) If a credit grantor elects in accordance with this section to establish a plan under this subtitle, the provisions of Subtitle 1, 3, 4, 5, 6, or 10 of this title do not apply to the plan.
   2. (2) If a person fails to elect in accordance with this section to establish a plan under this subtitle, the provisions of this subtitle do not apply.

3. (c) Notwithstanding any other provision of this title, a loan shall be subject to the provisions of this subtitle, whether or not elected, if the loan:

   1. (1) Is a shared appreciation agreement; and
   2. (2) Allows the borrower to repay advances and have any repaid amounts subsequently readvanced to the borrower.

Added by Acts 1993, c. 404, § 2, eff. Oct. 1, 1993. Amended by Acts 2023, c. 568, § 1, eff. July 1, 2023.