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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 5831 September Term, 1998

BENJAMIN K. MERRITT, ET UX.

v.

VIRGINIA S. CRAIG, ET AL.

Davis, Thieme, Kenney, JJ.

Opinion by Davis, J.

Filed: February 2, 2000

In February 1997, appellants Benjamin K. and Julia S. Merritt, owners of real property located at Pergin Farm Road, Swanton, Maryland, in Garrett County, filed a five-count complaint against appellees Virginia S. Craig (Craig), David Huebner, d/b/a Coldwell Banker/Deep Creek Realty, Dennis Hannibal, Edward Knight, and Thomas N. Janes, Trustee for First Federal Savings Bank of Western Maryland, seeking rescission of the contract of sale and the deed to the property along with compensatory and punitive damages.1

The first two counts of appellants' complaint were against Craig for fraudulent and negligent misrepresentation. appellants claimed that Craig violated In Count III, Consumer

Maryland's

Protection Act by fraudulently and negligently misrepresenting the property in Garrett County.2 Following discovery, appellants filed In response, appellees filed a

a motion requesting a jury trial.

motion seeking a court trial on the grounds that rescission is an equitable remedy and does not entitle the litigants to a jury

This case is on appeal only against Craig. A consent decree was entered in favor of First Federal Bank of Western Maryland, holder of appellants' mortgage. The remaining appellees were dismissed on a motion prior to trial and are not parties to this appeal. The Maryland Consumer Protection Act prohibits engaging in any unfair or deceptive trade practices, including doing so in the sale or offer for sale of consumer realty. "[A]ny person may bring an action to recover for injury or loss sustained by him [or her] as the result of a practice prohibited by [the Act]." See Sonnenberg v. Security Management Corp., 325 Md. 117, 131 (1992) (quoting MD. CODE (1990 Repl. Vol.), Comm. Law (C.L.)

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