Maryland Home Seller Disclosure Requirements: What You Must Tell Buyers in 2026
Maryland Home Seller Disclosure Requirements: What You Must Tell Buyers in 2026
Updated January 2026 · 18 min read
If you're preparing to sell your home in Maryland, understanding your legal disclosure obligations isn't optional—it's essential. Maryland law requires sellers to provide buyers with specific information about their property's condition before a sale can close. Failing to meet these requirements can delay your transaction, invite costly lawsuits, or even unwind a completed sale.
This comprehensive guide explains exactly what Maryland sellers must disclose, how to complete the required forms correctly, and how to protect yourself from legal liability. Whether you're selling a single-family home in Baltimore County, a townhouse in Montgomery County, or a condo in Prince George's County, these disclosure rules apply to you.
Quick Answer
Maryland law (Md. Code § 10-702) requires most home sellers to provide buyers with either a Residential Property Disclosure Statement detailing known defects or a Disclaimer Statement selling the property "as-is." Even with a disclaimer, you must still disclose known latent defects that pose health or safety risks. The form must be delivered before or at the time of contract signing, and buyers who don't receive it can rescind the contract.
Key Takeaways
- Two options exist: Maryland sellers can choose between a full disclosure statement or a disclaimer statement—but not both.
- Latent defects must always be disclosed: Even when selling "as-is," you must reveal hidden defects that threaten health or safety.
- Disclosure is based on actual knowledge: You're not required to hire inspectors, only to disclose what you personally know.
- Timing matters: Deliver disclosures before or with the contract. Buyers can rescind if they don't receive them on time.
- Lead paint disclosure is separate: Homes built before 1978 require additional federal lead paint disclosures.
- Penalties are serious: Non-disclosure can result in lawsuits for fraud, breach of contract, and significant financial damages.
Table of Contents
- Overview of Maryland Disclosure Law
- Disclosure Statement vs. Disclaimer Statement
- What You Must Disclose (Complete Checklist)
- Understanding Latent Defects
- Lead Paint Disclosure Requirements
- What You Don't Have to Disclose
- Who Is Exempt From Disclosure
- Disclosure Timeline and Process
- Common Disclosure Mistakes to Avoid
- Consequences of Non-Disclosure
- Alternatives for Homes With Major Issues
- Frequently Asked Questions
- Glossary of Key Terms
Overview of Maryland Disclosure Law
Maryland's seller disclosure requirements are governed by Section 10-702 of the Maryland Real Property Article. This law applies to most residential real estate transactions involving properties with four or fewer single-family units.
The law's purpose is straightforward: protect buyers by ensuring they receive accurate information about a property's condition before committing to purchase. For sellers, proper disclosure provides legal protection against future lawsuits—once you've honestly disclosed a defect, buyers can't later sue you for it.
Maryland is somewhat unique in that it offers sellers a choice between two approaches: providing a detailed disclosure of known defects or offering a disclaimer that sells the property "as-is." However, this choice isn't as simple as it might sound—significant obligations apply under both options.
Maryland Disclosure Law at a Glance
§10-702
Maryland Code Section
≤4 Units
Properties Covered
5 Days
Rescission Window
77%
RE Lawsuits = Disclosure Issues
Disclosure Statement vs. Disclaimer Statement: Understanding Your Options
When selling a home in Maryland, you must provide buyers with the official Maryland Residential Property Disclosure and Disclaimer Statement. This standardized form, developed by the State Real Estate Commission, gives you two paths forward.
Option 1: Full Disclosure Statement
The disclosure statement requires you to answer specific questions about your property's condition, systems, and history. You'll indicate "yes," "no," or "unknown" for various items and provide explanatory comments where needed.
This option is typically expected by buyers, especially when you've lived in the home. It demonstrates transparency and builds trust during negotiations. Most owner-occupants choose this path because they have firsthand knowledge of the property.
Option 2: Disclaimer Statement ("As-Is")
The disclaimer statement allows you to sell the property "as-is," making no representations or warranties about its condition. However, this doesn't mean you can hide problems. Even with a disclaimer, you must still disclose any latent defects you know about—hidden issues that could threaten a buyer's health or safety.
The disclaimer option is often used by investors, estate representatives, or sellers who haven't lived in the property and genuinely don't know its condition. However, be aware that savvy buyers may view a disclaimer with suspicion, wondering what you might be hiding.
| Factor | Full Disclosure | Disclaimer (As-Is) |
|---|---|---|
| What you provide | Detailed answers about all property systems and conditions | Statement that property is sold "as-is" with no warranties |
| Latent defect disclosure | Required if known | Still required if known |
| Best for | Owner-occupants with property knowledge | Investors, estate sales, sellers with limited knowledge |
| Buyer perception | Builds trust and transparency | May raise suspicion or concern |
| Legal protection | Strong protection for disclosed items | Does NOT protect against known latent defect claims |
Important: You cannot combine both options or switch between them mid-transaction. You must choose one path and complete that portion of the form only. The disclosure obligations under Maryland law cannot be waived in the sales contract—any attempted waiver is void.
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Get Your Free Home Value Calculate Your Net ProceedsWhat You Must Disclose: Complete Checklist
Maryland's disclosure form covers extensive ground. If you choose the full disclosure option, you'll need to provide information about the following categories based on your actual knowledge. Remember: you're not required to hire inspectors or investigate—only to share what you personally know.
Water and Sewer Systems
- Source of household water (public, well, spring, etc.)
- Type of sewage disposal (public sewer, septic system, etc.)
- Water treatment systems and their condition
- Sprinkler systems
- Any known issues with water quality or pressure
- Septic system problems or recent pumping dates
- Unused wells or underground storage tanks
Structural Systems
- Foundation condition (cracks, settlement, moisture)
- Roof condition, age, type, and any leak history
- Walls, floors, and ceiling condition
- Basement or crawl space moisture or water penetration
- Drainage problems or standing water
- Fire-retardant treated plywood issues
✓ Common Structural Defects to Disclose
Plumbing System
- Operating condition of plumbing system
- Known leaks in pipes
- Water pressure problems
- Rusty or aging pipes
- Sewer line problems or backups
- Hot water heater age and condition
Electrical System
- Operating condition of electrical system
- Type of wiring (copper, aluminum, knob-and-tube)
- Circuit breaker or fuse box condition
- Known defects with outlets or switches
- Any electrical code violations
Heating and Air Conditioning
- Type, age, and condition of HVAC systems
- Whether heat is supplied to all finished rooms
- Whether cooling is supplied to all finished rooms
- Any known issues with ductwork
- Thermostat functionality
Safety Systems
- Smoke alarm status (will they function during power outages?)
- Whether smoke alarms are over 10 years old
- Whether battery-operated alarms are sealed, tamper-resistant units with silence/hush buttons and long-life batteries (required in Maryland homes since 2018)
- Carbon monoxide alarm installation (required for homes using fossil fuel combustion)
Typical System Lifespan Guide
Use this as a reference when considering what to disclose about aging systems:
Wood-Destroying Insects
Termites and other wood-destroying insects are prevalent throughout Maryland. You must disclose any known infestations, past or present, as well as any treatment history or damage repairs.
Hazardous Materials
- Asbestos presence or removal
- Lead-based paint (separate federal requirement for pre-1978 homes)
- Radon testing results or known issues
- Underground storage tanks (current or removed)
- Proximity to licensed landfills
- Mold presence or remediation history
Land Use and Permits
- Zoning violations
- Building code violations
- Unpermitted improvements or additions
- Property line disputes with neighbors
- Easements affecting the property
- Restrictions on property use or additions
HOA and Community Information
- HOA membership requirements and fees
- Outstanding HOA violations
- Pending special assessments
- Resale and lease restrictions
Note for condos and HOA properties: Maryland's Homeowners Association Act and Condominium Act require you to provide buyers with a "resale packet" from the association, containing governing documents, financials, and other information. Condo buyers have 7 days to rescind after receiving this packet; HOA buyers have 5 days.
Understanding Latent Defects: The Non-Negotiable Disclosure
Even if you choose the "as-is" disclaimer option, Maryland law absolutely requires you to disclose latent defects you know about. This is non-negotiable and cannot be waived.
Under Maryland law, a latent defect is defined as a material defect in real property or an improvement that:
- A purchaser would not reasonably be expected to discover through careful visual inspection, AND
- Would pose a direct threat to the health or safety of the purchaser or an occupant
| Latent Defects (Must Disclose) | Visible Issues (Not Latent) |
|---|---|
| Hidden foundation damage behind finished walls | Visible cracks in exposed foundation |
| Concealed water damage or mold in walls | Stained ceiling from obvious old leak |
| Faulty wiring hidden behind drywall | Outdated but visible electrical panel |
| Deteriorating sewer line underground | Slow drain in bathroom sink |
| Structural damage from previous termite infestation | Old termite damage visible in exposed joists |
The key distinction is whether a careful buyer could discover the issue through normal visual inspection. If they couldn't—and it poses a health or safety threat—it's a latent defect that must be disclosed regardless of which form option you choose.
⚠️ Active Concealment Is Never Protected
A disclaimer statement does NOT protect you from liability if you actively conceal defects. Painting over water stains, cosmetically covering foundation cracks, or disguising mold growth can constitute fraud and lead to serious legal consequences.
Lead Paint Disclosure: Federal Requirements for Pre-1978 Homes
If your Maryland home was built before 1978, you face additional federal disclosure requirements under the Residential Lead-Based Paint Hazard Reduction Act of 1992. These requirements are separate from and in addition to Maryland's state disclosure form.
Federal Lead Paint Disclosure Requirements
Failure to comply with federal lead paint disclosure rules can result in significant penalties, including fines of up to $19,507 per violation for individual sellers and potential treble damages in private lawsuits.
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Learn About Our 1.5% ProgramWhat You Don't Have to Disclose in Maryland
Maryland law explicitly protects sellers from having to disclose certain types of information that don't relate to the property's physical condition. You are not required to disclose:
Deaths on the Property
Deaths, including suicides or violent crimes, do not need to be disclosed unless they physically affect the property's condition.
Registered Sex Offenders
You don't need to disclose if sex offenders live nearby. Buyers can check public databases themselves.
Paranormal Activity
Claims or beliefs that the property is haunted are not required disclosures under Maryland law.
Previous Occupant Health
Whether previous occupants had AIDS, HIV, or other communicable diseases is not required to be disclosed.
Important distinction: While you don't have to volunteer this information, if a buyer asks you a direct question about any of these topics, you cannot lie. Providing false information—even about non-required disclosures—can constitute misrepresentation.
Who Is Exempt From Maryland's Disclosure Requirements
Not every property transfer in Maryland requires the disclosure statement. The following transactions are exempt under Section 10-702:
| Exemption Type | Description |
|---|---|
| New Construction | First sale of a newly built home with a certificate of occupancy issued within one year before contract |
| Foreclosure Sales | Sales by lenders (or their affiliates) who acquired property through foreclosure or deed in lieu |
| Estate/Trust Transfers | Transfers by fiduciaries in estate administration, guardianship, or conservatorship |
| Transfer Tax Exempt Sales | Certain transfers exempt from Maryland transfer tax (with some exceptions) |
| Non-Residential Conversion | Sales where buyer intends to convert property to non-residential use or demolish it |
Even if you qualify for an exemption, you may still be subject to common law fraud and misrepresentation claims if you actively conceal known defects or make false statements about the property.
Disclosure Timeline and Process
Timing is critical with Maryland disclosures. Proper delivery protects both you and the buyer—and prevents complications that could derail your sale.
Maryland Disclosure Timeline
Before Listing (Recommended)
Complete the disclosure form with your agent's guidance. Having it ready early prevents delays and builds buyer confidence.
Before or With Contract (Required)
Deliver the disclosure to buyers on or before entering into the sales contract. Best practice: provide it before buyers submit offers.
Buyer Acknowledgment
Buyers must date and sign a written acknowledgment of receipt. This should be included in or attached to the contract.
5-Day Rescission Period (If Late)
If disclosures aren't provided before contract, buyers have 5 days after receipt to rescind—with full deposit refund.
Rescission Rights End
Buyer's right to rescind terminates when they submit a written mortgage application (if lender provides written notice of this at or before application).
Amending Your Disclosure
If you discover a new issue after providing the disclosure—or if something changes—you should amend your disclosure statement promptly. While Maryland law doesn't explicitly require amendments, failing to update could leave you exposed to claims of knowing non-disclosure.
Common Disclosure Mistakes Maryland Sellers Make
Completing the disclosure form seems straightforward, but many sellers make errors that create problems later. Avoid these common pitfalls:
❌ Mistakes That Lead to Legal Problems
Checking "Yes" Without Explanation
If you check "yes" on any item, you need to provide details in the comments section. Unexplained "yes" answers raise red flags and can stall sales.
Guessing Instead of Using "Unknown"
If you're genuinely unsure about something, mark it "Unknown" rather than guessing. Wrong guesses can be considered misrepresentation.
Not Disclosing Repaired Issues
Even if you've fixed a problem—like a roof leak or foundation crack—you should still disclose it along with what repairs were made.
Minimizing or Softening the Truth
Downplaying defects can backfire. If a buyer discovers the issue was worse than described, you could face fraud claims.
Failing to Attach Documentation
Inspection reports, repair invoices, permits, and warranties support your disclosures. Include them when relevant.
Not Disclosing Unpermitted Work
Finished basements, deck additions, or plumbing changes done without permits must be disclosed. Unpermitted work can cause title insurance issues.
✓ Best Practices for Accurate Disclosure
- Complete the form yourself—you know the property best
- Walk through the home while filling out each section
- Review maintenance records, repair invoices, and past inspection reports
- When in doubt, disclose—it's better to over-share than under-disclose
- Use the comments section liberally to explain context
- Have your real estate agent review the completed form
- Consider consulting a real estate attorney for complex situations
Know Exactly What You'll Net From Your Sale
Use our free seller net sheet calculator to estimate your proceeds after commissions, closing costs, and other expenses. Make informed decisions about pricing and repairs.
Calculate Your Net ProceedsConsequences of Non-Disclosure: What's Really at Risk
Failing to properly disclose known defects can expose you to serious legal and financial consequences. Research suggests that disclosure-related issues account for a significant portion of real estate lawsuits—making proper disclosure one of the most important steps in protecting yourself as a seller.
Potential Legal Actions Against Sellers
| Legal Claim | What It Means | Potential Damages |
|---|---|---|
| Breach of Contract | Your representation in the contract proved false | Repair costs, price difference, buyer's legal fees |
| Negligent Misrepresentation | You should have known about a problem but failed to disclose | Compensatory damages, legal fees |
| Fraud/Intentional Misrepresentation | You knowingly concealed or lied about a defect | Compensatory damages, punitive damages, legal fees |
| Rescission of Sale | Court orders the sale to be undone | Return of purchase price, buyer's expenses, potential additional damages |
What Buyers Must Prove
To successfully sue for non-disclosure, a buyer typically needs to demonstrate:
- The defect existed at the time of sale
- You had actual knowledge of the defect
- You failed to disclose it or actively concealed it
- The buyer suffered damages as a result
While proving seller knowledge can be challenging, evidence like repair invoices, contractor communications, insurance claims, or testimony from neighbors or contractors can establish what you knew and when.
⏱️ Statute of Limitations
Buyers generally have a limited time to file lawsuits after discovering a defect. In Maryland, the statute of limitations varies by claim type—typically 3 years for contract claims and 3 years for fraud from the date of discovery. However, specific circumstances can affect these timelines, so sellers shouldn't assume they're safe just because time has passed.
Alternatives for Homes With Major Issues
If your home has significant defects that make you nervous about disclosure—or if you're worried about how issues will affect your sale price—you have options beyond a traditional listing.
Option 1: Fix It Before Selling
For some defects, repairing before listing makes financial sense. Get repair estimates and compare them to potential price reductions. Remember: you still need to disclose that the issue existed and was repaired.
Option 2: Price Accordingly
Full disclosure paired with pricing that reflects the property's condition can attract buyers looking for value or renovation projects. Some buyers specifically seek homes with issues they can address themselves.
Option 3: Sell to an Investor or Cash Buyer
Cash buyers and investors often purchase properties "as-is" and expect to handle repairs themselves. This can simplify the process for homes with multiple issues. You still must disclose latent defects, but buyers are typically more prepared for what they're getting.
If you're considering a faster, more straightforward sale, explore the cash offer option to see what your home might bring without traditional listing complications.
| Approach | Pros | Cons |
|---|---|---|
| Repair Before Listing | Maximizes sale price, appeals to more buyers | Upfront cost, delays listing, still must disclose |
| Price Adjustment | No repair hassle, transparent approach | Lower net proceeds, may limit buyer pool |
| Cash Buyer Sale | Fast closing, minimal hassle, certainty | Typically lower price than retail market |
Frequently Asked Questions About Maryland Seller Disclosures
Can I sell my Maryland home "as-is" without disclosing anything?
No. While you can choose the disclaimer option and sell "as-is," you must still disclose any latent defects you know about that pose health or safety risks. The "as-is" designation protects you from warranty claims about conditions you genuinely don't know about—not from disclosure requirements for known hidden defects.
What if I genuinely don't know about any defects in my home?
Maryland law only requires disclosure of defects you have "actual knowledge" of. You're not required to hire inspectors or investigate. If you choose the full disclosure option, answer honestly—if you don't know the answer to something, mark it "Unknown." If you choose the disclaimer, you're stating you make no representations about conditions you don't know about.
When do I need to give the disclosure form to buyers?
You must provide the disclosure on or before entering into the sales contract. Best practice is to make it available when listing the property so buyers can review it before submitting offers. If buyers don't receive the disclosure before signing the contract, they have the right to rescind within 5 days of receipt.
Do I need to disclose past problems that have been fixed?
Yes, it's generally advisable to disclose past problems along with the repairs made. For example, if your roof leaked and you had it repaired, disclose both the original issue and the repair. This protects you from claims that you concealed a problem and demonstrates transparency.
What's the penalty for not disclosing defects in Maryland?
Penalties can be severe. Buyers can sue for breach of contract, negligent misrepresentation, or fraud. Damages may include repair costs, diminished property value, legal fees, and potentially punitive damages in fraud cases. In extreme situations, a court could order rescission of the entire sale.
Do I have to disclose if someone died in the house?
No. Maryland law does not require disclosure of deaths, including suicides or violent crimes, unless they physically affected the property's condition. However, if a buyer asks directly, you cannot lie—you may choose not to answer, but providing false information could constitute misrepresentation.
I'm selling an inherited property. What are my disclosure obligations?
If you're selling as a fiduciary in an estate administration, you may be exempt from standard disclosure requirements. However, you should still not actively conceal known defects. If you have knowledge of problems from conversations with the deceased or from property records, consider disclosing them to protect yourself from potential claims.
Is a home inspection the same as seller disclosure?
No. They serve different purposes. Seller disclosure reports what you, the seller, know about the property. A home inspection is an independent professional evaluation that buyers typically order. Inspectors may find issues you weren't aware of. The disclosure is not a substitute for inspection, and the disclosure form explicitly tells buyers they should get their own inspection.
What if I discover a new problem after I've already provided the disclosure?
You should amend your disclosure promptly. While Maryland law doesn't explicitly mandate amendments, providing updated information protects you from claims that you knew about an issue and failed to disclose it. Notify the buyer and their agent in writing of the newly discovered problem.
How do I choose the best real estate agent in Maryland to help with selling and disclosures?
Look for an agent with proven experience in your local market, strong communication skills, and knowledge of Maryland disclosure requirements. Ask about their track record, marketing approach, and how they guide sellers through the disclosure process. Reading reviews and interviewing multiple agents helps. The Jamil Brothers Realty Group, for example, has helped over 800 buyers and sellers across Northern Virginia and the greater DMV area, with extensive experience navigating disclosure requirements and protecting sellers throughout the transaction.
Does my real estate agent have disclosure obligations too?
Yes. Maryland real estate agents have their own duties to disclose material facts they know about. However, the information in your disclosure statement is your representation—agents typically aren't responsible for verifying everything you report. That said, if an agent knows your disclosure is inaccurate and doesn't address it, they could face disciplinary action from the Maryland Real Estate Commission.
Can buyers rescind a contract if they don't like what's in the disclosure?
If buyers receive the disclosure before signing the contract, they cannot rescind based solely on the information in it—they've had the chance to review and decide. However, if disclosures are provided after contract signing, buyers have 5 days to rescind. Additionally, if buyers discover undisclosed material defects during inspection, they can typically negotiate repairs, credits, or termination under standard contract contingencies.
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Get Your Free Home Value Browse Homes For SaleGlossary of Key Disclosure Terms
Actual Knowledge
Information you personally know to be true, as opposed to what you should have known or could have discovered. Maryland disclosure is based on actual knowledge only.
Caveat Emptor
"Let the buyer beware"—the old legal principle that buyers are responsible for checking property condition. Maryland's disclosure laws have largely replaced this concept.
Disclaimer Statement
A form option where the seller states they make no representations or warranties about the property's condition, selling it "as-is." Latent defects must still be disclosed.
Disclosure Statement
A form option where the seller answers specific questions about the property's condition, systems, and history based on their actual knowledge.
Latent Defect
A material defect that isn't visible through normal inspection and poses a direct threat to health or safety. Must be disclosed regardless of which form option you choose.
Material Defect
A significant issue that substantially affects the property's value, safety, or habitability. Distinguished from minor cosmetic issues or normal wear and tear.
Misrepresentation
Making a false statement about the property. Can be intentional (fraud) or negligent (should have known better). Both can result in legal liability.
Rescission
The legal undoing of a contract. Buyers who don't receive timely disclosure have 5 days to rescind after receiving it. Courts can also order rescission as a remedy for fraud.
Resale Packet
Required documents from HOA or condo associations including governing documents, financials, and other information that must be provided to buyers.
Section 10-702
The section of Maryland's Real Property Article that establishes seller disclosure requirements for residential real estate transactions.
Moving Forward: Protect Yourself With Proper Disclosure
Maryland's seller disclosure requirements exist to create fair, transparent real estate transactions. While completing the forms may feel tedious, honest disclosure actually protects you as a seller by limiting your legal exposure after the sale closes.
The key principles to remember:
- Choose between disclosure or disclaimer—but latent defects must always be revealed
- Disclose based on what you actually know—no investigation required
- When in doubt, disclose—it's better to over-share than face a lawsuit
- Provide disclosures before or with the contract to avoid rescission rights
- Work with an experienced agent who can guide you through the process
If you're preparing to sell your Maryland home and want expert guidance through the disclosure process—along with a full-service listing at just 1.5%—we're here to help. Start with a free home valuation to see what your property could sell for in today's market.
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Get Your Free Home Valuation →Disclaimer: This article provides general information about Maryland seller disclosure requirements and should not be considered legal advice. Laws and regulations can change, and individual circumstances vary. For specific legal guidance regarding your situation, consult a qualified real estate attorney licensed in Maryland.
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