In this subtitle, “actual loss” means:
(1) the costs of restoration, repair, replacement, or completion that arise from:
(i) the incomplete construction of a new home or the breach of an express or implied warranty, as defined in §§ 10-202 and 10-203 of the Real Property Article; or
(ii) the failure to meet standards or guidelines required in § 14-117 of the Real Property Article; or
(2) deposits or other payments made to a home builder required to be held in an escrow account or protected by a surety bond or irrevocable letter of credit under § 10-301 or § 10-504 of the Real Property Article, that are not returned to a consumer who is entitled to a return of the deposit or other payments.