Full opinion text
MEMORANDUM AND ORDER ALEXANDER HARVEY, II, Senior District Judge. In this multi-party case, families residing in a residential development in Howard County, Maryland seek recoveries from certain home builders who developed, built and marketed the homes in which the plaintiffs live. In addition to the many claims asserted by the plaintiffs, cross-claims and third-party claims are also at issue in this case. Suit was originally brought here by the members of seventeen different families who reside in the Calvert Ridge development which is located in Elkridge, Howard County. In their amended complaint, plaintiffs allege that their homes were built on a solid waste dump and that defendants concealed the properties’ past use and contamination from them when they bought their homes. Substantial compensatory and punitive damages as well as injunctive and other relief are sought by plaintiffs under both federal and state law. Fourteen of the families (the “Ryan Families”) reside in homes developed, built or marketed by defendants NVR, Inc. (“NVR”) and NVR Homes, Inc. (“NVR Homes”), corporate entities which do business in Maryland under the trade name “Ryan Homes”. These defendants will be referred to herein as the “Ryan Defendants.” Three of the families (the “Brantly Families”) reside in homes developed, built or marketed by defendants Brantly Development Group, Inc. (“Brantly Development”), Brantly Management Group, Inc. (“Brantly Management”) and Nantucket Island Homes, Inc. (“Nantucket”). Also named as defendants are John Lipari-ni, who is President and a director of those Brantly corporations, and Nick Liparini, a private contractor who is the son of John Liparini. All five of these defendants will be referred to herein as the “Brantly Defendants.” The Ryan Defendants have filed an amended cross-claim against six cross-defendants, namely Brantly Development, Brantly Management, Nantucket, Marsha-lee Woods Limited Partnership (“Marsha-lee”) and the two Liparinis. The Brantly Defendants and Marshalee in turn have filed a cross-claim against the Ryan Defendants. Brantly Development and Nantucket, two of the defendants named in the amended cross-claim of the Ryan Defendants, have filed third-party claims against three engineering firms, namely Hillis-Carnes Engineering Associates, Inc. (“Hil-lis-Carnes”), MAFI Associates, Inc. (“MAFI”) and Gutschick, Little & Weber, P.A. (“Gutschick”). There have been extensive pretrial proceedings in the case. In its Memorandum and Order of February 17, 2000, this Court granted in part and denied in part the Brantly Defendants’ motion to dismiss, and also granted in part and denied in part the Ryan Defendants’ motion to dismiss. Adams v. NVR Homes, Inc., 193 F.R.D. 243 (D.Md.2000). A settlement has now been reached between the plaintiffs and the Brantly Defendants, including Marsha-lee. However, the six Brantly cross-defendants remain as parties in this case as a result of their cross-claims asserted against the Ryan Defendants and also as a result of the cross-claims asserted against them by the Ryan Defendants. There has also been a settlement of the third-party claims asserted by Brantly Development and Nantucket against Hillis-Carnes. Moreover, the third-party claims against MAFI have been severed. Accordingly, the only third-party claims presently before the Court at this time are those of Brantly Development and Nantucket against Gutshick. Extensive discovery has been undertaken by the parties. The following eight motions for summary judgment or partial summary judgment are now pending before the Court: (1) Plaintiffs’ motion for partial summary judgment on Count I of the amended complaint; (2) Plaintiffs’ motion for partial summary judgment on Counts VIH, IX and X of the amended complaint; (3) The Ryan Defendants’ motion for summary judgment on all counts of the amended complaint; (4) The Ryan Defendants’ motion for summary judgment on the cross-claims of the Brantly Defendants and Marshalee; (5) The motion for summary judgment of cross-defendants John Liparini and Nick Liparini on the cross-claims asserted against them; (6) The motion for summary judgment of cross-defendants Brantly Development and Marshalee on the cross-claims asserted against them; (7) The motion for summary judgment of cross-defendants Brantly Management and Nantucket on the cross-claims asserted against them; and (8) The motion for summary judgment of third-party defendant Gutschick on the third-party claims asserted against it by Brantly Development and Nantucket. Lengthy memoranda and voluminous exhibits have been submitted by the parties in support of and in opposition to these pending motions for summary judgment or partial summary judgment. A massive record has been presented to the Court, and lengthy oral argument has been heard. For the reasons to be stated herein, the Court has concluded that some of these pending motions must be granted and others denied. It is apparent to the Court that some of plaintiffs’ claims, some of the parties’ cross-claims and the third-party claims pending here must all proceed to trial. I Facts From the 1940’s and continuing until the early 1970’s, some of the land located in Howard County which today constitutes the Calvert Ridge subdivision development was the site of a sand and gravel surface mine operation (the “quarry”). Pits of approximately twenty to thirty feet in depth were excavated during the mining operations which ceased in the early 1970’s. From time to time, solid waste was deposited in the pits and on other portions of the quarry land. The Calvert Ridge subdivision is located on approximately twenty-four acres of land in Elkridge, Howard County, Maryland. The subdivision contains twenty-six lots, seventeen of which are involved in this litigation. Pursuant to them settlement agreement with the plaintiffs, the Brantly Defendants and Marshalee have now agreed to purchase Lots 21, 22, and 23, which contain homes built by Nantucket and owned by the three Brantly Families. The other fourteen lots are owned by the Ryan Families. The Adams family recently entered into a contract to sell Lot 15, and the Muller family recently entered into a contract to sell Lot 19. Helen O’Connor owned the land comprising the Calvert Ridge subdivision from 1945 until October 1995, when the site was purchased by Brantly Development. A three to four acre parcel of land in the center of the property had been used for the earlier sand and gravel mining operations. In 1973, the O’Connor family began reclaiming the quarry by using dirt, tree stumps, asphalt, concrete and tires as fill material. By the late 1980’s the quarry had been completely filled and covered with topsoil. In late 1991, John Liparini began discussions with Thomas O’Connor, Helen O’Connor’s grandson, regarding the purchase of the Calvert Ridge property. Thomas O’Connor informed John Liparini that at one time a portion of the property had been used as a sand and gravel quarry but had since been filled with tree stumps, concrete, asphalt, and general construction debris. John .Liparini also reviewed two subsurface investigation reports prepared by Hardin-Kight Associates, Inc. (“Hardin-Kight”) in May 1989 and January 1991. In October 1992, Hardin-Kight completed a third evaluation of subsurface conditions at the Calvert Ridge property on behalf of Brantly Development. This study estimated that “35,000 cubic yards of unsuitable fill would have to be undercut and replaced below building pads.” It was also reported that “a decaying organic odor (faint to strong) was encountered in all of the [test] pits,” and “alternate foundation systems for the proposed single family dwellings may,be used on the site if the odors are not problematical.” In the summer of 1993, Geo-Technology Associates, Inc. examined the Calvert Ridge site on behalf of Centex Homes, another builder. This report concluded that “[d]ue to the presence of existing fill materials, ... the majority of the site is not suitable for development without some improvement to soil condition. Deep undercuts and soil replacement or deep foundation alternatives may be necessary to render the site suitable for structural support.” In addition, it was determined that the “site is a further liability with regard to the unknown nature of the existing fill materials,” and it was strongly recommended that “a more thorough exploration of the site conditions be conducted to evaluate geotechnical as well as environmental issues associated with the development of the subject property.” As a result of these studies, John Lipari-ni decided not to buy the property in 1992 or 1993 because the overall cost of developing the Calvert Ridge subdivision would have been too expensive in light of the additional costs associated with removing and replacing fill in areas where structures were to be built. By 1995, however, the price of the Calvert Ridge property had decreased, and on July 17, 1995, John Li-parini as President of Brantly Development executed an agreement on behalf of Brantly Development to purchase the Calvert Ridge property from Helen O’Connor. Shortly thereafter, Eco Dynamics, Inc. (“Eco Dynamics”) conducted a Phase I Environmental Site Assessment for Brantly Development’s financial lender, Signet Bank/Maryland. According to the Eco Dynamics report of September 1995, “[t]he assessment was performed to fulfill the due diligence requirements under the Superfund Amendments and Reauthorization Act of 1986 (SARA), and in order to insure that Signet Bank/Maryland is covered by the ‘innocent landowner defense’ provision of SARA.” The assessment concluded that the Calvert Ridge site did not contain any hazardous materials or environmental contamination. Accordingly, on October 5, 1995, Brantly Development completed the purchase of the Calvert Ridge property from Helen O’Connor. Beginning in late 1995, Brantly Development improved the Calvert Ridge subdivision by hiring contractors to grade lots, construct roads, prepare building pads, and install water, sewer, electric and natural gas lines. Hillis-Carnes prepared most of the building pads by excavating any uncontrolled fill and replacing it with compacted fill. For some of the lots which were located over the former quarry, MAFI was hired to install Tensar Geogrid reinforcements under the building pads in order to counteract the possible formation of sink holes due to the existence of unstable fill material. Both John and Nick Liparini directed and supervised all development work. On September 5, 1995, Marshalee entered into a Contract of Sale with NVR Homes, Inc. for the sale of fifty-one lots to NVR Homes, Inc. (“Contract of Sale”). These lots were located in a subdivision known as “Marshalee Woods, Section Two, Area Two”, which was not a part of but was adjacent to the Calvert Ridge subdivision. On the same date, Marshalee also entered into a Land Development Contract with NVR Homes, Inc. whereby Marshalee would develop and improve the Marshalee Woods subdivision in which the fifty-one lots were located (“Land Development Contract”). In the summer of 1996, the Ryan Defendants entered into negotiations with John Liparni to purchase lots at Calvert Ridge. At the time, John Liparini informed the Ryan Defendants of the existence of the reclaimed quarry, and he told them that it did not pose any environmental problems because hazardous waste had not been detected on the site. John Liparini also gave the Ryan Defendants a copy of Eco Dynamic’s September 1995 Phase I Environmental Site Assessment and informed them of a July 24, 1996 supplement, which reiterated that there were no hazardous materials or environmental contamination at the site. John Liparini did not at the time give the Ryan Defendants copies of the 1989, 1991 and 1992 Hardin-Kight reports nor did he give them the 1993 Geo-Technology Associates’ report. On September 19,1996, the Ryan Defendants purchased ten lots which were located within the Calvert Ridge subdivision. As a matter of convenience, John Liparini and the Ryan Defendants agreed to consummate this transaction by simply attaching an addendum to both the Contract of Sale and the Land Development Contract. In November of 1997, the Ryan Defendants purchased eleven additional Calvert Ridge lots, some of which were located over the reclaimed quarry. Brantly Development provided lot certifications from MAFI and Hillis-Carnes for the lots which were located over the former quarry. Again, the parties attached an addendum to both the Contract of Sale and the Land Development Contract instead of drafting new contracts. According to these contracts and the addenda, the Ryan Defendants would be primarily responsible for improving individual lots, while Brantly Development would be responsible for improving the overall subdivision. For instance, Brantly Development would continue to install sewer, water, electric, telephone and utility lines throughout Calvert Ridge, and the Ryan Defendants would be required to connect to these lines each house which they constructed. The Ryan Families signed purchase agreements for' their homes in Calvert Ridge between April 21, 1996 and December 31, 1997, and their actual settlement dates occurred between February 28, 1997 and June 25, 1998. Eight of the purchase agreements contain an express warranty limitation provision which disclaims any warranty or representation not contained in the “Ryan Homeowners Manual.” Although the other six purchase agreements also contain a limited warranty provision, the disclaimer of oral statements and promises is located in a separate and independent provision. Each of the Ryan Families in addition executed a General Addendum to their purchase agreement which disclaims any oral statements, representations, warranties or promises. Karen Hensel (“Hensel”), Catherine Taylor (“Taylor”) and Jack Rupp (“Rupp”) were the sales representatives who, acting on behalf of the Ryan Defendants, sold homes to the Ryan Families. Neither Hensel nor Taylor was aware that a portion of the Calvert Ridge subdivision had formerly been used as a sand and gravel quarry. Rupp, however, had been informed by Kevin Kerwin, the division manager for Ryan Homes, that construction debris was buried near Lots 7, 8, 9, 10, 11 and 12. Prior to the purchase of their houses, none of the Ryan Families was told that part of the Calvert Ridge subdivision was located over a reclaimed quarry. Five of the Ryan Families were informed that the property had been used as a “farm” and four other Ryan Families were informed that the site had been a “horse farm.” On September 2, 1998, three houses in the Calvert Ridge subdivision were evacuated after elevated levels of methane gas were detected in the basement of each house. The Howard County Fire Department tested fourteen other houses that same day but did not detect methane in any of those homes. Within the next two days, the Ryan Defendants purchased natural gas detectors, four of which were installed in each of the homes of the Ryan Families. Two detectors were placed in each basement, and one on each of the first and second floors. Over the next two months, the Ryan Defendants sealed the basement floors of all fourteen of the Ryan Families’ houses, and installed a passive ventilation system in eleven of the houses. The Ryan Defendants also engaged two engineering firms, Hillis-Carnes and Brook Environmental, and several independent experts to evaluate the methane problem at Calvert Ridge. Indoor and outdoor air sampling was conducted, and on November 10, 1998, Hillis-Carnes completed a report which was distributed to each of the Ryan Families and to experts retained by the Ryan Defendants. Based upon this report, it was determined that portions of Lot 11, which is not involved in this litigation, were the primary source of the methane generation. In December 1998, the Ryan Defendants, the Brantly Defendants and Mar-shalee excavated parts of Lot 11. The excavated materials, which included chunks of concrete, two empty drums, some metal objects, tires, tree stumps, branches and leaves, were taken to a landfill offsite. The excavated areas were then filled with new clean material. The Environmental Protection Agency (“EPA”) and the Maryland Department of the Environment (“MDE”) have each investigated conditions at Calvert Ridge. No solid waste problem was found to exist. The EPA closed its file in June of 1999, and the MDE closed its file in August of 1999. Since September 2, 1998, the Howard County Fire Department, plaintiffs’ experts, defendants’ experts, and plaintiffs themselves, have tested the Ryan Families’ homes for the presence of methane on more than 175 occasions. All of these tests have been negative except for one test on September 9, 1998, in which methane was detected at a level of 2% in the basement of the house on Lot No. 8 owned by plaintiff Ratliff. Over the same period, however, plaintiffs’ natural gas detectors have alarmed dozens of times, and elevated levels of methane gas have occasionally been detected in the yards of certain Calvert Ridge homes. According to plaintiffs, sales representatives of the Ryan Defendants made fraudulent and misleading statements to them or omitted providing material information to them concerning the quality and former use of the property which they were purchasing. It is alleged in the amended complaint that the acts and omissions of the defendants with regard to the presence of solid waste at the Calvert Ridge site were fraudulent and were undertaken with reckless disregard for the health and safety of the plaintiffs. According to the amended complaint, each defendant directed or actively participated and cooperated in the negligent conduct and wrongful actions and omissions of the other defendants. II The Pending Claims, Cross-Claims and Third-Party Claims The amended complaint contains fourteen counts. Several of these counts were dismissed by the Court in its Memorandum and Order of February 17, 2000. Adams, 193 F.R.D. at 257. Other counts have been voluntarily dismissed by the plaintiffs. Accordingly, there are now ten counts in the amended complaint which allege claims against the Ryan Defendants and which remain pending in this case, as follows: Count I — Federal Solid Waste Law Count III — Public Nuisance Count V — Fraud Count VI— Concealment Count VII — Negligent Misrepresentation Count VIII — Consumer Protection— Unfair or Deceptive Trade Practices Count IX — Breach of Contract Count X — Breach of Implied Warranties Count XI — Breach of Express Warranties Count XII — Negligence The following cross-claims have been asserted by the Ryan Defendants against some of the Brantly Defendants and Mar-shalee: Count I — Breach of warranty against Marshalee and Brantly Development Count II — Express indemnity against Marshalee and Brantly Development Count III — Joint tortfeasor liability against Brantly Development, Brantly Management, Nantucket, Marshalee, John Liparini and Nick Liparini. The Brantly Defendants and Marshalee have in turn alleged cross-claims of contribution and indemnity against the Ryan defendants. The amended third-party complaint of Brantly Development and Nantucket asserts the following claims against third-party defendant Gutschick: Count I — Breach of contract Count II — Negligence. Plaintiffs’ original and amended complaints contain a veritable laundry list of legal theories asserted under federal and state law whereby plaintiffs seek to recover substantial sums for losses allegedly sustained by them as a result of their purchase of new homes in the Calvert Ridge subdivision. Named as defendants are numerous corporate entities and several individuals. Plaintiffs’ expansive allegations have given rise to cross-claims and third-party claims, adding to the large number of parties in this litigation. Extensive discovery and the settlement of some of the parties’ claims have resulted in the elimination of only a few of the issues and in only a slight reduction in the number of the parties who are still involved. The number of suing families has now been reduced from seventeen to fourteen. The Brantly Defendants and Mar-shalee, although having settled with the plaintiffs, still remain in the case as a result of their cross-claims and the cross-claims brought against them by the Ryan Defendants. Only two third-party defendants remain, and the third-party claims against one of them have been severed. As a result of rulings previously made by the Court and plaintiffs’ voluntary dismissals, ten counts of the amended complaint are still pending. The contentious dispute between the parties began when, in September of 1998, methane gas was detected not in plaintiffs’ homes but in homes located nearby in the Calvert Ridge subdivision. It was plaintiffs’ fear that their health and their property values were or would be adversely affected by methane discovered in nearby lots which led to the commencement of this civil action. However, in the intervening years, none of the plaintiffs have suffered any physical injuries caused by the presence of methane on their properties. Although methane detectors have from time to time alarmed, most of these incidents have been false alarms. With the one exception which occurred more than two and one-half years ago in the Ratliff home, no methane has ever been detected in any one of plaintiffs’ homes. There have been no explosions or fires because of the presence of methane, and two plaintiff families have been able to enter into contracts for the sale of their properties at prices higher than those originally paid. Nevertheless, a number of plaintiffs have here presented evidence indicating that they have suffered emotional damage as a result of their concern that methane may be or will be detected in their homes. Plaintiffs have also presented evidence that their property values have been adversely affected because it is now known that their homes were built on a quarry and because methane has been detected nearby. According to the Ryan Defendants, plaintiffs are overly sensitive and have overreacted to the events which occurred in September of 1998 and later when methane detectors in their homes alarmed. Although there is evidence of record supporting this contention of the Ryan Defendants, this issue cannot be finally decided as a matter of law at this stage of the case by way of defendants’ pending motion for summary judgment. As determined by the Court herein, two of the claims brought by plaintiffs against the Ryan Defendants will be presented to the jury at the trial in this case. It will be for the jury to decide, after hearing the plaintiffs’ testimony and other evidence in the case, whether they have overreacted to what they perceive to be a methane problem and whether they have suffered emotional damage and sustained losses in the value of their properties because, without their knowledge, their homes were built over an abandoned quarry. On the record here, this Court has concluded that two of the counts of the amended complaint must proceed to trial while eight of them are not sustainable as a matter of law. Ill Summary Judgment Principles It is well established that a party moving for summary judgment or partial summary júdgment bears the burden of showing the absence of any genuine issue of material fact and that it is entitled to judgment or partial summary judgment-as a matter of law. Barwick v. Celotex Corp., 736 F.2d 946, 958 (4th Cir.1984). The movant’s burden may be met by consideration of affidavits, exhibits, depositions and other discovery materials. Id. The burden is on the moving party at the summary judgment stage to show that there is an absence of evidence to support the non-moving party’s position. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). While the facts and all reasonable inferences drawn therefrom must be viewed in the light most favorable to the party opposing the motion, Ross v. Communications Satellite Corp., 759 F.2d 355, 364 (4th Cir.1985), when the moving party has carried its burden under Rule 56, its opponent must do more than simply show that there is some metaphysical doubt as to the material facts. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). “‘A mere scintilla of evidence is not enough to create a fact issue; there must be evidence on which a jury might rely.’” Barwick, 736 F.2d at 958-59 (quoting Seago v. North Carolina Theatres, Inc., 42 F.R.D. 627, 640 (E.D.N.C.1966), aff'd, 388 F.2d 987 (4th Cir.1967), cert. denied, 390 U.S. 959, 88 S.Ct. 1039, 19 L.Ed.2d 1153 (1968)). Moreover, only disputed issues of material fact, determined by reference to the applicable substantive law, will preclude the entry of summary judgment. “Factual disputes that are irrelevant or unnecessary will not be counted.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The Fourth Circuit has stated that, with regard to motions for summary judgment, the district courts have “an affirmative obligation ... to prevent ‘factually unsupported claims and defenses’ from proceeding to trial.” Felty v. Graves-Humphreys Co., 818 F.2d 1126, 1128 (4th Cir.1987) (quoting Catrett, 477 U.S. at 323-24, 106 S.Ct. 2548). IV Motion for Summary Judgment of the Ryan Defendants (a) Count I — Federal Solid Waste Law Count I of the amended complaint is brought pursuant to the “Citizen Suit” provision of the federal Resource, Conservation and Recovery Act (“RCRA”), which states that any person “may commence a civil action on his own behalf against any person ... who has contributed or who is contributing to the past or present handling, storage, treatment, transportation or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment.” 42 U.S.C. § 6972(a)(1)(B). This provision authorizes the district court where the action is brought “to restrain any person” and/or to “order [any] person to take such other action as may be necessary.” Id. Plaintiffs allege that the Ryan Defendants contributed to the past handling of solid waste at the Calvert Ridge development, and they claim that the continued presence of this solid waste presents an imminent and substantial endangerment to their health and the environment. In particular, it is asserted that the organic solid waste, namely tree stumps and branches, is decomposing and generating elevated levels of methane gas which threaten to cause fires and explosions in plaintiffs’ houses and yards. Plaintiffs are asking this Court to enter an injunction ordering the Ryan Defendants to delineate fully the nature and extent of the solid waste and then remove all solid waste that presents a substantial risk. To prevail on a RCRA claim, a plaintiff must show that the “solid or hazardous waste at issue may present an imminent and substantial endangerment.” Meghrig v. KFC Western, Inc., 516 U.S. 479, 486, 116 S.Ct. 1251, 134 L.Ed.2d 121 (1996) (internal quotations omitted). In Meghrig, the Supreme Court explained that “an endangerment can only be imminent if it threatens to occur immediately, ... and the reference to waste which may present imminent harm quite clearly excludes waste that no longer presents such a danger.” Id. at 485-86, 116 S.Ct. 1251 (internal citations and quotations omitted). The Court favorably quoted Price v. U.S. Navy, 39 F.3d 1011, 1019 (9th Cir.1994), for the proposition that the language of the statute “implies that there must be a threat which is present now, although the impact may not be felt until later.” Id. at 486, 116 S.Ct. 1251. (Emphasis in original). An endangerment is a “reasonable cause for concern that someone or something may be exposed to a risk of harm ... if remedial action is not taken.” Foster v. U.S., 922 F.Supp. 642, 661 (D.D.C.1996). Proof of actual harm is not required. Price, 39 F.3d at 1019. For an endangerment to be substantial it must be “serious,” and “there must be some necessity for action.” Id. Applying these principles to the facts of record here, this Court concludes that the conditions at Calvert Ridge do not present an imminent and substantial endangerment. Plaintiffs have not here presented credible evidence that an immediate and serious risk of harm now exists if remedial action is not taken. Plaintiffs argue that a substantial threat of explosion exists because methane detectors in their homes have sounded an alarm on some 120 occasions. However, as the Ryan Defendants point out, most of these alarms were due to identifiable reasons unrelated to methane gas, including, in particular, the presence of hair spray or cleaning aerosol near the detectors. Furthermore, the record indicates that, in spite of more than 175 tests over the past two and one-half years, explosive levels of methane gas have never been detected in any of plaintiffs’ houses. For methane gas to explode, the proper conditions must exist, including a concentration of methane gas at a minimum level of 5%. Plaintiffs have produced no evidence that methane gas has ever been present at a level of 5% inside any of their homes. On a few occasions, explosive levels of methane gas have been detected not in plaintiffs’ homes but in certain areas of plaintiffs’ yards. But this evidence alone does not demonstrate a substantial risk of harm because methane gas must be in a confined space in order to explode. Plaintiffs argue that it is possible for methane gas to accumulate in underground spaces like utility vaults and dry wells. But even if methane gas possibly might accumulate in such confined spaces, plaintiffs have not produced probative evidence showing how it can be expected that a source of ignition would be introduced into these spaces. Without a spark or some other source of ignition, methane gas will not explode. In September of 1998 when methane was first detected at Calvert Ridge, the Ryan Defendants immediately undertook significant remedial efforts in order to decrease the possibility of any risk of harm to plaintiffs. The Ryan Defendants sealed the basement floors of plaintiffs’ houses and installed passive ventilation systems in order to prevent the accumulation of methane gas. See, e.g., Price, 39 F.3d at 1018 (affirming the district court ruling that no imminent and substantial endangerment existed because concrete foundations under plaintiffs’ houses acted as barriers against exposure to lead contamination in soil); see also Foster, 922 F.Supp. at 661 (finding in favor of defendants who argued that asphalt paving blocked pathway to contamination.) The Ryan Defendants also hired experts to assess any methane problem, and they excavated parts of Lot 11 where the experts believed the primary source of methane generation was located. Moreover, all local, state and federal authorities have discontinued any investigation of a possible solid waste problem existing at Calvert Ridge. Even if there had been a “reasonable cause for concern” existing in September 1998, the record here establishes that there is no longer a “serious” threat coupled with “some necessity for action.” Price, 39 F.3d at 1019; see also Meghrig, 516 U.S. at 486, 116 S.Ct. 1251 (finding that “waste which may present imminent harm quite clearly excludes waste that no longer presents such a danger.”). In sum, plaintiffs have not produced “significantly probative” evidence (Felty, 818 F.2d at 1128) that the presence of solid waste at Calvert Ridge may present an imminent and substantial endangerment if remedial action is not taken. Foster, 922 F.Supp. at 661. Accordingly, the Ryan Defendants’ motion for summary judgment as to Count I of the amended complaint will be granted, and plaintiffs’ motion for summary judgment as to Count I will be denied. (b) Count III — Public Nuisance The Maryland Court of Appeals has stated that public nuisances “are usually placed in three classifications: [fjirst, those which are nuisances per se or by statute; second, those which prejudice public health or comfort ...; third, those which are not nuisances, but may become so by reason of their locality, surroundings, or the manner in which they may be maintained.” Burley v. City of Annapolis, 182 Md. 307, 312, 34 A.2d 603 (1943). More recently, the Court of Appeals defined a public nuisance as an unreasonable interference with a right that is common to all members of the general public. Tadjer v. Montgomery County, 300 Md. 539, 552-53, 479 A.2d 1321 (1984) (citing Restatement (2d) of Torts § 821B). Circumstances to be considered are whether the conduct is “of a continuing nature or has produced a permanent or long-lasting effect,” and whether it involves a “significant interference with the public health, the public safety, the public peace, the public comfort or the public convenience.” Restatement (2d) of Torts § 821B(1)(a)(c). As noted by the Ryan Defendants, this Court previously invited them to file a motion for summary judgment addressing the sufficiency of the evidence to support plaintiffs’ public nuisance claim after there had been inquiry into the facts to clarify the application of the law. Adams, 193 F.R.D. at 256-57. On the record now developed here, this Court concludes that this case does not constitute the first type of public nuisance, namely a nuisance per se, because there is no statutory prohibition against building houses on top of a reclaimed quarry. Therefore, the Court must determine here whether the circumstances represent either the second type (an interference with public health), or the third type (protected conduct which may become a public nuisance because of the particular surroundings or the manner in which the conduct is carried out). Based upon the evidence presented, this Court concludes that a public nuisance does not exist at Calvert Ridge under either category because the conditions at Calvert Ridge do not present an unreasonable interference with a right common to all members of the general public. Tadjer, 300 Md. at 552, 479 A.2d 1321 (citing Restatement (2d) of Torts § 821B). It is alleged in the amended complaint that the actions of the Ryan Defendants have adversely affected the common right of the general public “to have free access to the public roads and sidewalks through the Calvert Ridge neighborhood without the fear of an explosion from methane accumulation.” ¶ 157. Evidence of record does not support these allegations, because methane will explode only if it is mixed with oxygen in a confined space and then ignited. Such circumstances do not exist near the roads and sidewalks in Calvert Ridge. Plaintiffs contend that methane gas can travel underground and accumulate in “public” subsurface spaces, like in utility vaults and along sewer lines, and that it therefore becomes possible for methane gas to mix with oxygen and be ignited by a carelessly tossed cigarette or a spark from a passing car. These arguments are no more than mere speculation and have ho evidentiary support in this record. This Court is satisfied that a public nuisance of the second type does not exist because no significant interference with public health or safety has occurred at Calvert Ridge. See Restatement (2d) of Torts § 821B(l)(a); Burley, 182 Md. at 312, 34 A.2d 603. Furthermore, since there is no indication that the so-called methane “problem” will worsen, this Court will also reject plaintiffs’ argument that the conditions at Calvert Ridge may become a public nuisance in the future. As noted, any potential threat to public health has been mitigated by the removal of what experts have believed to be the primary source of methane-generating material. Since the facts of record in this case do not support any of the three types of public nuisance claims recognized by Maryland law, the Ryan Defendants’ motion for summary judgment will also be granted as to Count III. (c) Counts V and VI — Fraud and Concealment To recover under a claim of fraud in Maryland, a plaintiff must prove: (1) that the defendant made a false representation to the plaintiff, (2) that the falsity was either known to the defendant or that the representation was made with reckless indifference as to its truth, (3) that the misrepresentation was made for the purpose of defrauding the plaintiff, (4) that the plaintiff relied on the misrepresentation and had the right to rely on it, and (5) that the plaintiff suffered compensable injury resulting from the misrepresentation. Abt Associates, Inc. v. JHPIEGO Corp., 104 F.Supp.2d 523, 536 (D.Md.2000) (citing Nails v. S & R, 334 Md. 398, 415, 639 A.2d 660 (1994)). A plaintiff has the burden of establishing each of these elements by clear and convincing evidence. Abt, 104 F.Supp.2d at 536 (citing Everett v. BGE, 307 Md. 286, 300, 513 A.2d 882 (1986)). In particular, Maryland courts have demanded proof of both the defendant’s intent to defraud and the defendant’s knowledge of the falsity of the statement at the time it was made. See Paramount Brokers, Inc.v. Digital River, Inc., 126 F.Supp.2d 939, 950-51 (D.Md.2000) (citing Miller v. Fair-child Industries, Inc., 97 Md.App. 324, 343-44, 629 A.2d 1293 (1993)). Applying these principles here, this Court concludes that plaintiffs’ claim of fraud asserted in Count V must fail. Plaintiffs allege that the Ryan Defendants made general misrepresentations relating to the suitability and value of the lots and the high quality of the Ryan Defendants’ homes. Nine plaintiff families additionally claim that false comments were made regarding the prior use of the Calvert Ridge property as a farm or a horse farm. The facts of record here do not indicate that the Ryan Defendants’ broad statements about its reputation and workmanship were purposely made to defraud plaintiffs. Moreover, such common marketing statements are not actionable as fraudulent misrepresentations under Maryland law. “[Representations as to the soundness and value of the house are normally considered in law to be indefinite generalities of exaggeration which could deceive no rational person and therefore do not amount to misrepresentation.” Wolin v. Zenith Homes, Inc., 219 Md. 242, 247, 146 A.2d 197 (1959); see also Appel v. Hupfield, 198 Md. 374, 380-81, 84 A.2d 94 (1951); Milkton v. French, 159 Md. 126, 129-30, 150 A. 28 (1930). This Court further finds plaintiffs’ arguments concerning the “farm” and “horse farm” statements to be unconvincing, because nothing in the record demonstrates that such statements were made with the requisite intent to defraud. These comments were made in passing to only nine of the fourteen Ryan Families. If the Ryan Defendants’ true purpose was to defraud plaintiffs, all of their sales representative would no doubt have expressly informed all plaintiffs that the Calvert Ridge property had been previously used as something other than a quarry. No representations of this sort were made here. As stated by the Court of Appeals of Maryland, “when fraud or dishonesty is imputed, ‘something more than a mere preponderance of the evidence must be produced, the proof must be clear and satisfactory and be of such character as to appeal strongly to the conscience of the court.’” Everett, 307 Md. at 301, 513 A.2d 882 (quoting First Nat’l Bank v. U.S.F. & G. Co., 275 Md. 400, 340 A.2d 275 (1975)). The record does not contain clear and convincing evidence to- support plaintiffs’ claims of fraud. This Court will therefore also grant summary judgment in favor of the Ryan Defendants as to Count V. In Count VI of the amended complaint, it is alleged that the Ryan Defendants intentionally concealed the existence of the reclaimed quarry in an effort to mislead plaintiffs. Like their claim of fraud, plaintiffs must demonstrate that the Ryan Defendants deliberately meant to deceive them. As the Fourth Circuit recently stated “concealment ... involves the requisite intent to mislead by creating a false impression or representation, and which is sufficient to constitute fraud even without a duty to speak.” United States v. Colton, 231 F.3d 890, 899 (4th Cir.2000). Concealment is “characterized by deceptive acts or contrivances intended to hide information, mislead, avoid suspicion, or prevent further inquiry into a material matter,” and “simple ‘good faith’ imposes an obligation not to purposely conceal material facts with an intent to deceive.” Id. at 899-900. The Court of Appeals of Maryland has similarly defined concealment as “the hiding of a material fact with the attained object of creating or continuing a false impression as to that fact. The affirmative suppression of the truth must have been with the intent to deceive.” Fegeas v. Sherrill, 218 Md. 472, 477, 147 A.2d 223 (1958); see also Lubore v. RPM Associates, Inc., 109 Md.App. 312, 329, 674 A.2d 547 (1996), cert. denied, 343 Md. 565, 683 A.2d 177 (stating that “the tort of deceit— also called concealment or non-disclosure—consists of ... intension] to defraud or deceive.”) On the record here, plaintiffs’ claim of concealment must also fail because there are insufficient facts of record to support plaintiffs’ contention that the Ryan Defendants knowingly withheld material information with the intent to deceive plaintiffs. Before they purchased the lots in question from the Brantly Defendants, the Ryan Defendants were informed that both a September 1995 Phase I Environmental Site Assessment and a July 1996 supplement to that assessment indicated that the Calvert Ridge property did not contain any hazardous wastes or other contaminants. Moreover, eight of the fourteen houses of the plaintiffs are located in an area which was never a part of the quarry. Although five other houses are located within the former perimeter of the quarry, all of the uncontrolled fill underneath and around each building pad was removed and replaced with clean, compacted, structural fill before these five house were built. Only the house on Lot 8 is located above uncontrolled fill. However, before this house was Constructed, the Ryan Defendants were given an engineering certification verifying that Geogrid reinforcements were placed underneath the building pad and over the uncontrolled fill. Reinforcements of this nature constitute an acceptable method of supporting the foundation of a residential home. For these reasons, this Court concludes that there is insufficient evidence of record to indicate that the Ryan Defendants engaged in “deceptive acts or contrivances intended to hide information, mislead, avoid suspicion, or prevent further inquiry into a material matter.” Colton, 231 F.3d at 899. Accordingly, the Ryan Defendants’ motion for summary judgment will also be granted as to Count VI. (d) VIII Consumer Protection Act Unfair or Deceptive Trade Practices Count VIII of the amended complaint alleges that plaintiffs have been 'injured because the Ryan Defendants’ violated the Maryland Consumer Protection Act (“CPA”), Md.Code Ann., Com. Law II § 13-101 et seq., by making false or misleading statements that had the tendency to deceive plaintiffs regarding the quality of the homes sites that were being offered for sale. It is also asserted that the Ryan Defendants violated the CPA by failing to disclose material facts about the condition of the Calvert Ridge subdivision. The CPA is intended to “set certain minimum statewide standards for the protection of consumers across the State .... ” § 13-102(b)(1). The provisions of the CPA “shall be construed and applied liberally to promote its purpose.” § 13-105; see also State of Maryland v. Cottman Transmissions Sys., Inc., 86 Md.App. 714, 743, 587 A.2d 1190 (1991). The CPA prohibits a person from engaging in any “unfair or deceptive trade practice” with respect to the sale, or offer for sale, of any consumer goods, services, or realty. See § 13-303. Section 13-301 defines the term “unfair or deceptive trade practice” to include, inter alia, any: (1) False ... or misleading oral or written statement, visual description, or other representation of any kind which has the capacity, tendency, or effect of deceiving or misleading consumers; (2) Representation that: (i) ... consumer realty ... [has] a sponsorship, approval, accessory, characteristic, ingredient, use, benefit, or quantity which [it] do[es] not have; ^ * % ❖ sjc (iv) ... consumer realty ... [is] of a particular standard, quality, grade, style, or model which [it] [is] not; (3) Failure to state a material fact if the failure deceives or tends to deceive; 5^ <1$ ?J» í¡* *¡C (9) Deception, fraud, false pretense, false premise, misrepresentation,- or knowing concealment, suppression, or omission of any material fact with the intent that a consumer rely on the same in connection with: (i) The promotion or sale of ... consumer realty; Pursuant to § 13-408, any person may bring a private cause of action to recover damages, including attorney’s fees, which result from a practice prohibited by the CPA. The Court of Appeals of Maryland has determined that proof of scienter is required to establish a violation of § 13-301(9) of the CPA. See Luskin’s, Inc. v. Consumer Protection Div., 353 Md. 335, 366-67, 726 A.2d 702 (1999); see also Forrest v. P & L Real Estate Investment Co., 134 Md.App. 371, 396 n. 4, 759 A.2d 1187 (2000). Therefore, to prevail under § 13-301(9), plaintiffs must produce evidence that the Ryan Defendants’ knowingly engaged in “[deception, fraud, false pretense, false premise, misrepresentation, or knowing concealment, suppression, or omission of any material fact with the intent that [plaintiffs] reified] on the same in connection with” the sale of houses at Calvert Ridge. In Part IV(c) of this Opinion, the Court discussed plaintiffs’ claims of fraud and concealment alleged in Counts V and VI, and determined as a matter of law that the record here does not support a finding that the Ryan Defendants’ intended to deceive plaintiffs by purposely misrepresenting or omitting material facts. Accordingly, plaintiffs cannot recover under Count VIII for a violation of § 13-301(9) of the CPA because there is insufficient evidence that the Ryan Defendants’ acted with the requisite scienter. When compared with § 13-301(9), the requirements of §§ 13-301(1), (2), and (3) are much more complex. In Golt v. Phillips, 308 Md. 1, 11, 517 A.2d 328 (1986), the Court of Appeals of Maryland indicated that these three subsections “do[ ] not require scienter ... the subsections require only a false or deceptive statement that has the capacity to mislead the consumer tenant.” This statement was made in the context of a case in which a landlord advertised and rented an unlicensed apartment in violation of a Baltimore City Code licensing requirement which the Court considered “an integral part of the City’s efforts to maintain safe residential conditions for its citizens.” Id. at 13, 517 A.2d 328. The Court concluded that a “landlord must be held to be aware of all laws concerning the validity of leasing its premises,” and “[i]gnoranee of the law ... is no defense.” Id. at 10, 517 A.2d 328. In Hayes v. Hambruch, 841 F.Supp. 706, 713 (D.Md.1994), aff'd, 64 F.3d 657 (4th Cir.1995) "(unpublished), this Court characterized the Golt opinion as “imput[ing] knowledge to the landlord of the fact that the premises were unlicensed,” which resulted in a “determination that the ‘omission’ concerning the licensing of the premises amounted to an affirmative misrepresentation.” In Hayes, the allegedly unfair trade practice was the defendant landlord’s implied representation that the premises were in compliance with the Baltimore City Code, when in fact this representation was false because the premises violated the Code due to the presence of flaking, loose and peeling paint. Id. at 712-13. This Court concluded that “a landlord may not be held liable under the CPA for a failure to state a material fact concerning a defect in the rented premises, unless the landlord knows or has reason to know of the defect.” Id. at 714. On appeal, the Fourth Circuit upheld this Court’s decision and clarified that Hayes “differs somewhat from Golt, because [defendant] claims that she was unaware of the existence of a factual matter, not of the law.” Hayes v. Hambruch, No. 94-1271, 1995 WL 479892, at *4 (4th Cir. Aug.15, 1995). Therefore, the Hayes and Golt decisions indicate that, under §§ 13-301(1), (2) and (3) of the CPA, while evidence of scienter is required to prove allegedly unfair trade practices which involve the misrepresentation or omission of facts, evidence of scienter is not required to prove allegedly unfair trade practices which involve legal issues, because knowledge of the law is implied. In Benik v. Hatcher, 358 Md. 507, 510-511, 750 A.2d 10 (2000), the Court of Appeals of Maryland recently revisited the issue of whether “proof of scienter is a prerequisite to holding a landlord liable” under §§ 13-301(1), (2) and (3) of the CPA. After a lengthy analysis of the relevant case law, including the opinions in Golt, Hayes, Richwind Joint Venture v. Brunson, 335 Md. 661, 645 A.2d 1147 (1994) and Scroggins v. Dahne, 335 Md. 688, 645 A.2d 1160 (1994), the Court concluded that to prove a violation of these subsections “the landlord must have knowledge, constructive or actual, of the condition of the premises at the time of the lease." Benik, 358 Md. at 531, 750 A.2d 10 (emphasis added). A landlord’s constructive knowledge is deemed to encompass “the requirements of the City Code pertaining to the habitability of the leased premises,” id. at 532, 750 A.2d 10, including knowledge that the Code is violated if there is present “chipping and flaking paint in the apartment at the inception of the lease.” Id. at 534, 750 A.2d 10. In addition, the Court of Appeals found that “the law presumes the existence of a condition that a reasonable inspection would have uncovered ... because of the implied representation^] that accompanfy] the making of the lease,” such as “the representation that the rental is lawful, and that the apartment is in good repair, in safe condition and fit for human habitation ....” Id. at 533-34, 750 A.2d 10 (internal citation omitted). The Benik Court pointed out that the Baltimore City Housing Code makes it illegal to rent a dwelling unit containing Housing Code violations, and the presence of flaking, loose or peeling paint is a violation of the Housing Code requirement that an apartment be in good repair and safe condition. Therefore, it was determined that the rental of an apartment containing flaking, loose or peeling paint was illegal under the Housing Code and constituted a violation of §§ 13-301(1), (2), and (3) of the CPA. In other words, such conduct would be unfair and deceptive because it would have a tendency to mislead a tenant as to the lawfulness of the rental and the habitability of the premises. Id. at 535, 750 A.2d 10. There are two important limitations with respect to the Benik Court’s analysis of scienter. First, knowledge of a fact, as opposed to knowledge of a law, should be imputed to a landlord only if the existence of that-fact will affect the landlord’s legal obligations to the tenant. For instance, a landlord is not deemed to have constructive knowledge of whether old paint in an apartment contains lead because such knowledge has no effect upon a landlord’s legal obligation under the Housing Code to ensure that the premises are free from flaking, loose or peeling paint. See Richwind 335 Md. at 686, 645 A.2d 1147 (“Renting a premises with intact lead-based paint is not in itself a violation of the CPA.”) The law imputes knowledge of flaking, loose or peeling paint because that is a “defective condition,” Benik 358 Md. at 536, 750 A.2d 10, which violates a landlord’s legal obligation to provide an apartment which does not “endanger the life, health or safety of ... tenants.” Forrest, 134 Md.App. at 394, 759 A.2d 1187; see also Benik, 358 Md. at 536, 750 A.2d 10 (finding that “in Baltimore City, the rental of an apartment with flaking, loose and peeling paint is like renting an apartment in an apartment building without a license for the operation of that building; both are violations of the Housing Code.”) The second limitation, in the Benik opinion relating to scienter is that a landlord’s liability under the CPA is limited to “the condition of the premises at the time of the lease.” Id. at 531, 750 A.2d 10; see also Richwind, 335 Md. at 683, 645 A.2d 1147 (“The CPA applies to a lease at the time the consumer enters into it, and the Act is intended to govern deceptive trade practices which induce the prospective tenant to enter into such a lease.”) Therefore, a landlord is presumed to have knowledge only of legally relevant facts regarding the condition of the premises “at the inception of the lease,” Benik 358 Md. at 531, 750 A.2d 10, because the CPA was not intended to “impose a standard amounting to strict liability for any defect arising on the premises during the term of the lease.” Richwind, 335 Md. at 684, 645 A.2d 1147. In sum, “if the chipping or peeling paint [does] not exist at the time the lease [is] entered into, the landlord [cannot] be said to have engaged in a deceptive trade practice under the CPA.” Scroggins, 335 Md. at 696, 645 A.2d 1160. Applying these principles of law to the facts of record here, this Court concludes that the Ryan Defendants’ failure to disclose the existence of the reclaimed quarry at the time that plaintiffs purchased their houses is not a material omission which had the tendency to deceive or mislead plaintiffs in violation of §§ 13-301(1), (2), and (3) of the CPA. First, this Court rejects plaintiffs’ argument that the Ryan Defendants had constructive knowledge that the organic rubble within the reclaimed quarry would generate dangerous levels of methane gas. For purposes of the CPA, the' Ryan Defendants can be presumed to have had knowledge only of conditions at Calvert Ridge at the time that plaintiffs purchased their houses. See Benik, 358 Md. at 531, 750 A.2d 10; Richwind, 335 Md. at 684, 645 A.2d 1147; Scroggins, 335 Md. at 696, 645 A.2d 1160. It is not disputed here that the Ryan Defendants had no knowledge that the reclaimed quarry was generating methane when the houses were sold. Knowledge of the possibility that methane could be generated is not a matter of law like the unlicensed status of the apartment in Golt. Such knowledge therefore cannot under the circumstances here be imputed to the Ryan Defendants. Even though the methane-generating potential of the reclaimed quarry is a factual issue, it has no effect upon the Ryan Defendant’s legal obligations to plaintiffs. Therefore, the situation here is unlike Benik, where the existence of flaking paint was found to be a fact the existence of which could be imputed to a landlord because to “hold otherwise would be to encourage landlords not to take seriously the obligations imposed upon them by the City Code ....” Id. at 534, 750 A.2d 10. Knowledge of the presence of a reclaimed quarry which might eventually generate methane did not impose any legal obligations upon the Ryan Defendants, and such knowledge accordingly cannot be imputed to the them.' Plaintiffs’ second argument is not based on the contention that the Ryan Defendants had constructive knowledge that methane gas could become a problem at Calvert Ridge. Rather, plaintiffs claim that the Ryan Defendants engaged in an unfair trade practice by virtue of their “failure to state” their actual knowledge of the existence of the reclaimed quarry, which is a “material fact,” and they claim that this “failure deceive[ed] or tend[ed] to deceive” them. § 13-301(3). Plaintiffs’ principal contention is that materiality must be viewed from the purchaser’s perspective, and that the existence of the reclaimed quarry is a material fact merely because all the plaintiffs have declared that they would not have bought houses at Calvert Ridge if they had been informed of the existence of the reclaimed quarry. On the record here, this Court concludes that this argument of plaintiffs must fail. This Court and many others have consistently held that a “statement or omission is considered ‘material’ under the CPA if ‘a significant number of unsophisticated consumers would attach importance to the information in determining a choice of action.’” Hayes, 841 F.Supp. at 713 (quoting Golt, 308 Md. at 10, 517 A.2d 328). This issue may be a question of fact for the jury, but “if the facts do not allow for a reasonable inference of materiality or immateriality,” then the issue should be decided as a matter of law. Green v. H & R Block, 355 Md. 488, 524, 735 A.2d 1039 (1999). For purposes of the CPA, the presence of the reclaimed quarry at Calvert Ridge is analogous to the presence of intact, lead-based paint in the plaintiffs’ apartment in Scroggins. In both situations, the condition in question is not immediately dangerous, and it is not prohibited by any statute or ordinance. Following the reasoning in Scroggins, 335 Md. at 696, 645 A.2d 1160, this Court concludes that the Ryan Defendants’ failure to disclose the presence of the reclaimed quarry is not a deceptive trade practice under the CPA. See Sternberger v. Kettler Bros., 123 Md.App. 303, 310, 718 A.2d 619 (1998) (holding that a builder was not liable under the CPA for selling townhouses without informing purchasers that roofing materials had been treated with special fire retardant chemicals, even though some formulations of these chemicals were later found to cause premature degradation of the roofing materials). Moreover, under § 13-301(3), materiality alone is not sufficient to impose liability. See, e.g., Forrest, 134 Md.App. at 395, 759 A.2d 1187. According to the CPA, an unfair trade practice under § 13-301(3) is expressly defined to include both the element of materiality and the element of deception. See also Id. at 396, 759 A.2d 1187 (“If the tenant is deceived and the hazardous condition causes damages, liability is established.”) Unlike the defendants in Golt, Benik and other cases cited by plaintiffs, the Ryan Defendants took affirmative steps to avoid the possibility that their failure to disclose the existence of the reclaimed quarry would have a tendency to deceive plaintiffs. In particular, the Ryan Defendants conducted a reasonable inspection of the plaintiffs’ new home sites, including discussions with John Liparini, the previous owner of the property, and a review of Eco Dynamic’s Phase I Environmental Site Assessment. Defendants’ investigation confirmed the absence of any housing or building code violations. This Court accordingly concludes that plaintiffs have failed to present evidence indicating that the Ryan Defendants committed a deceptive trade practice as defined in § 13-301(3) of the CPA. Lastly, plaintiffs argue that the Ryan Defendants made some affirmative misrepresentations in violation of § 13-301(1) and (2) of the CPA. Specifically, it is claimed that the Ryan Defendants’ comments regarding the prior use of the Calvert Ridge property as a farm or horse farm had the “capacity, tendency, or effect of deceiving or misleading” plaintiffs. See § 13-301(1). It is further asserted that the Ryan Defendants made other representations regarding the “characteristics” and “quality” of the plaintiffs’ homes sites which the sites “[did] not have.” See § 13-301(2)(i), (iv). Plaintiffs’ arguments must be rejected because, as discussed hereinabove, the record here contains insufficient evidence of deception on the part of the Ryan Defendants. Furthermore, the record does not indicate that any of the Ryan Defendants’ general statements about the beneficial aspects of the Calvert Ridge subdivision were actually false at the time that such statements were made. Plaintiffs’ reliance upon