Seller Disclosure Requirements
in Maryland

In Maryland, selling your home involves navigating a legal landscape that leans towards transparency. While not a strict 'full disclosure' state, Maryland law requires sellers to complete a comprehensive Residential Property Disclosure and Disclaimer Statement. This unique approach presents sellers with a critical choice: either provide a detailed disclosure of known defects or issue a disclaimer, selling the property 'as is.' Even with a disclaimer, however, a seller can't hide latent defects—significant hidden issues they are aware of that a buyer couldn't reasonably discover. The core philosophy of seller disclosure in Maryland, as codified in the Real Property Article of the Maryland Code, is to arm buyers with information. The Maryland Association of REALTORS® provides the standard form, which must be delivered to the buyer before they make an offer. Upon receipt, the buyer has a right to rescind the contract, making this document a pivotal point in any transaction.

Ultimately, the question of what must sellers disclose hinges on whether they choose the disclosure path over the disclaimer. If a seller opts for disclosure, the Maryland seller disclosure form is exhaustive. It forces a seller to confront and reveal the condition of nearly every aspect of their home, from the roof's age and leak history to the presence of polybutylene plumbing. Structural system integrity, water penetration in the basement, HVAC equipment functionality, and any known issues with electrical or sewage systems must be addressed. Beyond the physical structure, the form delves into environmental concerns, the presence of hazardous materials like asbestos, and even social and legal matters, such as whether the property is subject to a homeowners association or if there are known zoning violations. These stringent Maryland disclosure requirements are designed to prevent post-closing surprises and litigation.

Given Maryland's unique geography and climate, certain property disclosure topics carry significant weight. Proximity to the Chesapeake Bay and its tributaries means that questions about flood zones, critical area regulations, and riparian rights are not just boilerplate—they are essential. Market trends show deals in Anne Arundel County unravel over undisclosed critical area buffers. Radon gas, which is colorless and odorless, is a prevalent concern in counties along the Piedmont plateau, such as Montgomery and Howard County, making the radon disclosure section particularly important. Furthermore, the humid summers create a perfect breeding ground for termites and mold. A seller must disclose any history of wood-destroying insect infestations and any past or present mold problems, as these can lead to extremely costly remediation and significant health concerns for a new owner.

From industry experience in litigation, disclosure disputes almost always arise from a seller’s deliberate omission or active concealment of a known defect. Choosing the disclaimer on the Maryland seller disclosure form does not provide a shield against fraud. I once represented a buyer who purchased a beautiful home in Bethesda, only to discover after the first major rainstorm that the seller had cleverly painted over extensive water damage marks in the basement. The seller had chosen the disclaimer option, but because they actively concealed a known latent defect, they were found liable for substantial damages. The court's view is clear: a disclaimer signals an 'as is' sale regarding discoverable defects, but it is not a license to deceive. The consequences can range from the buyer rescinding the sale to the seller paying for repairs and legal fees.

Therefore, my strongest advice to sellers is to approach the seller disclosure Maryland process with radical honesty. The best way to protect yourself legally is to over-disclose, not under-disclose. Consider hiring a licensed home inspector for a pre-listing inspection. This gives you a third-party report that can either be shared with buyers or used as a guide to accurately complete the disclosure form. It puts you in control of the narrative, allowing you to price the home appropriately based on its true condition. A buyer who sees a thorough, honest disclosure is more confident. They are less likely to be spooked by their own inspection findings and less likely to come back with a lawsuit after closing. Transparency builds trust and ultimately expedites the sale.

Buyers, in turn, must treat the seller's property disclosure as the beginning of their investigation, not the end. Whether you receive a full disclosure or a disclaimer, your next step is always to conduct your own independent inspections. If the seller discloses a past roof leak that was 'repaired,' hire a roofer to verify the repair's quality. If the property is in a historic district like Ellicott City, a structural engineer is a wise investment. The disclosure period is your window of opportunity for due diligence. It's the time to ask pointed questions, demand documentation for repairs, and truly understand what you are buying. Answering the question of 'what must sellers disclose' is only half the battle; the other half is verifying those claims and uncovering what may not have been revealed.