Maryland Residential Property Disclosure and Disclaimer Statement

Maryland Real Property Section 10-702 requires the seller of certain residential real property to furnish to the buyer either:

1. A RESIDENTIAL PROPERTY DISCLAIMER STATEMENT stating that the seller is selling the property "as is" and makes no representations or warranties as to the condition of the property or any improvements on the real property, except as otherwise provided in the contract of sale, or in a listing of latent defects; or 
2. A RESIDENTIAL PROPERTY DISCLOSURE STATEMENT disclosing defects or other information about the condition of the real property actually known by the seller. Certain transfers of residential property are excluded from this requirement (see the exemptions listed below).

Both the Disclaimer and the Disclosure are included on the same state published form "Maryland Residential Property Disclosure and Disclaimer Statement" (see below).

How Can I Get A Copy Of The Form?

Two ways:

1. The state of Maryland has the form available for download here, or
2. We will provide you a copy of any Maryland disclosure form for free upon submitting a flat fee MLS listing through our website. We charge a one-time fee of $95 to list your home on the MLS.

When Selling "As Is", What Do I Need To Disclose?

You are required to disclose information about latent defects in the property that you have actual knowledge of. You must provide this information even if selling the property “as is.” “Latent defects” are defined as: Material defects in real property or an improvement to real property that:

1. A purchaser would not reasonably be expected to ascertain or observe by a careful visual inspection of the real property; and
2. Would pose a direct threat to the health or safety of:
   1. the purchaser; or
   2. an occupant of the real property, including a tenant or invitee of the purchaser.

What Are The Exemptions To Providing The Disclosure?

As of the time of this writing, here are the exemptions:

1. The initial sale of single family residential real property:
   1. that has never been occupied; or
   2. for which a certificate of occupancy has been issued within 1 year before the seller and buyer enter into a contract of sale;
2. A transfer that is exempt from the transfer tax under §13-207 of the Tax-Property Article, except land installment contracts of sales under §13-207(a) (11) of the Tax-Property Article and options to purchase real property under §13-207(a)(12) of the Tax-Property Article;
3. A sale by a lender or an affiliate or subsidiary of a lender that acquired the real property by foreclosure or deed in lieu of foreclosure;
4. A sheriff’s sale, tax sale, or sale by foreclosure, partition, or by court appointed trustee;
5. A transfer by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust;
6. A transfer of single family residential real property to be converted by the buyer into use other than residential use or to be demolished; or
7. A sale of unimproved real property

Return to Maryland Real Estate Disclosure Requirements