What a Maryland home seller has to disclose
Maryland lets you choose between disclosing and disclaiming, but hidden safety hazards you know about have to be shared either way.
No obligation. No pressure. Takes about 2 minutes.
The short answer
Maryland Real Property § 10-702 requires most sellers of homes with four or fewer units to give each buyer, on or before the contract, one of two statements on the Real Estate Commission's form: a disclosure statement listing the defects you actually know about, or a disclaimer saying you're selling as is. Even with the disclaimer, you must list any latent defects you know of. The buyer signs a receipt, and a buyer who doesn't get the statement in time can cancel.
Step by step
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1
Check whether § 10-702 applies
It covers homes with four or fewer single-family units. It doesn't apply to the first sale of a new home that has never been occupied or got its occupancy certificate within the past year, certain transfers exempt from transfer tax, sales by a lender that took the home through foreclosure, sheriff's, tax, foreclosure, partition or court-appointed trustee sales, transfers by a fiduciary administering an estate, guardianship, conservatorship or trust, sales to a buyer who will demolish the house or convert it to a non-residential use, or unimproved land.
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2
Choose: disclose or disclaim
The disclosure statement asks what you actually know about the water supply and sewer or septic, insulation, the roof, walls, floors, foundation and basement, plumbing, electrical, heating and air conditioning, wood-destroying insects, land use matters, hazardous materials such as asbestos, lead-based paint, radon and underground tanks, smoke and carbon monoxide alarms, and any other material defect. You don't have to hire inspectors or investigate to fill it out.
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3
List known latent defects either way
A latent defect is a material defect that a buyer wouldn't reasonably spot with a careful visual inspection and that poses a direct threat to the health or safety of the buyer or an occupant. The disclaimer statement must list any you actually know of, then state that otherwise you make no representations and the buyer takes the property as is.
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4
Deliver it before the contract and get a signed receipt
Give the statement to each buyer on or before signing the contract. Each buyer dates and signs an acknowledgment of receipt that goes in or with the contract, and the contract must include a conspicuous notice of the buyer's rights under § 10-702. Homes built before 1978 also need the separate federal lead-based paint disclosure.
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5
Know the buyer's right to cancel
A buyer who didn't get the statement in time can rescind by written notice, with deposits returned, at any time before receiving it or within 5 days after. That right ends at closing or move-in, and can end sooner once the buyer applies for a mortgage and the lender gives the required written notice. The buyer's rights under § 10-702 can't be waived in the contract.
Sources: Md. Code, Real Property § 10-702 · Maryland Real Estate Commission: Residential Property Disclosure and Disclaimer Statement · 40 CFR Part 745, Subpart F (federal lead disclosure)
This page summarizes Maryland law as read on September 29, 2026. It isn't legal advice. Talk to a Maryland real estate attorney about your own sale before you choose or sign a form.
Cash offer vs listing
Example: a $250,000 home
| Offer | $205,000 |
|---|---|
| Repairs | $0 |
| Commissions | $0 |
| Closing costs | $0 |
| You walk away with | $205,000 |
| In 7 to 14 days | |
| Sale price | $250,000 |
|---|---|
| Repairs | about $8,000 |
| Commissions | about $13,800 |
| Closing and holding | about $6,000 |
| You walk away with | about $222,200 |
| In 60 to 90 days | |
Example only. Your numbers depend on your home and market.
Whichever form you sign, we'll show the cash offer next to what a Maryland listing could net, so the decision rests on real numbers.
Frequently asked questions
Is the disclaimer the safer choice for a house that needs work?
It limits what you represent, but it doesn't excuse latent defects you know about. Which form fits your situation is a good question for a Maryland real estate attorney.
Am I responsible for problems I didn't know about?
The statement isn't a warranty about conditions you don't actually know about. You also aren't liable for an error based on information you didn't actually know, or that came from a government agency or from a report by a licensed engineer, land surveyor, contractor, home inspection expert or similar professional.
Does selling for cash change the rules?
Not by itself. Paying cash isn't one of the exemptions in § 10-702(b). One exemption does cover a buyer who will demolish the house or convert it to a non-residential use.
Who are you?
We are real estate investors based in Baltimore, helping homeowners since 2016. We buy houses directly for cash. We are not a licensed real estate brokerage and do not list homes ourselves; if listing could get you more, we show you the math so you can choose.