Maryland Seller Disclosure vs. Disclaimer: What “As Is” Really Covers

The Maryland disclosure disclaimer statement is one state form with two halves, and most sellers of a one-to-four-unit house must deliver one half before the contract is signed. Real Property §10-702 lets you choose. You can describe the condition you know about, or you can sell “as is” with a disclaimer.

The disclaimer is where the confusion starts, because it does not let you stay silent about everything. Below: what each statement covers, the exemptions, deadlines, lead rules, and local add-ons.

What Is the Maryland Disclosure or Disclaimer Statement?

The Maryland disclosure or disclaimer statement is the Real Estate Commission form a seller must deliver under Real Property §10-702, choosing either a condition disclosure or an as-is disclaimer.

The statute says the seller, called the vendor, “shall complete and deliver to each purchaser: (i) A written residential property condition disclosure statement on a form provided by the State Real Estate Commission; or (ii) A written residential property disclaimer statement on a form provided by the State Real Estate Commission” (Md. Code, Real Property §10-702(c)(1)).

The Commission publishes both halves as one four-page document, the Maryland Residential Property Disclosure and Disclaimer Statement (Maryland Real Estate Commission, read September 2026). You sign the half you choose, and the buyer acknowledges receipt.

Who the law covers

The section applies “only to single family residential real property improved by four or fewer single family units” (§10-702(b)(1)). That means a detached house, rowhouse, or townhouse, or a building with up to four units.

Nothing in §10-702 limits it to sales with a real estate agent, so a direct sale to a cash buyer is covered too. (The section just before it, §10-701, is a Prince George's County subdivision notice.)

Disclosure Statement vs. Disclaimer Statement, Side by Side

The disclosure statement answers questions about the condition you know, while the disclaimer statement sells “as is” and lists only the latent defects you know.

Which one fits your sale

The disclosure route often fits an owner who lived in the house and knows its history. The disclaimer route often fits a seller who does not know the house well, such as an heir who took title, a landlord, or a long-distance owner.

Disclaimer sellers still answer one question: “Does the seller(s) have actual knowledge of any latent defects?” Either choice satisfies the statute, and neither replaces the buyer's own inspection.

What Does “As Is” Cover Under a Maryland Disclaimer?

Under a Maryland disclaimer, “as is” covers every condition of the house except the latent defects you actually know about, which you must still write down.

The disclaimer must “Disclose any latent defects of which the vendor has actual knowledge” (§10-702(d)(1)). It then states that the buyer takes the house “‘as is’, with all defects, including latent defects, that may exist, except as otherwise provided in the contract of sale” (§10-702(d)(2)(ii)).

What counts as a latent defect

The statute defines latent defects 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: (i) The purchaser; or (ii) An occupant of the real property, including a tenant or invitee of the purchaser” (§10-702(a)).

Both parts must be true. A problem a buyer could spot on a careful walk-through is not latent. A hidden problem that is expensive but poses no health or safety threat does not meet the definition either.

Examples that may qualify, depending on the facts: a furnace you were told vents exhaust into the house, or a buried oil tank you know has leaked. A stained ceiling anyone can see likely does not.

What the disclaimer does not change

The as-is language yields to the contract. It applies “except as otherwise provided in the contract of sale,” so a contract promise about a working furnace or a finished repair still binds you.

Which Maryland Sales Are Exempt From §10-702?

Seven kinds of transfers are exempt from Maryland's disclosure or disclaimer requirement, and §10-702(b)(2) lists them in full.

• (i) “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 vendor and purchaser enter into a contract of sale”
• (ii) “A transfer that is exempt from the transfer tax under § 13-207 of the Tax - Property Article,” except land installment contracts and options to purchase
• (iii) “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”
• (iv) “A sheriff's sale, tax sale, or sale by foreclosure, partition, or by court appointed trustee”
• (v) “A transfer by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust”
• (vi) “A transfer of single family residential real property to be converted by the buyer into a use other than residential use or to be demolished”
• (vii) “A sale of unimproved real property”

The transfer tax list in Tax-Property §13-207 covers items such as certain transfers between relatives or spouses and from an estate. An ordinary sale to an unrelated buyer is not on it.

Personal representative versus heir

A personal representative (Maryland's term for an executor) who sells during estate administration is exempt under (b)(2)(v). An heir who already holds title and then sells is an ordinary seller, and the form applies. Our guide to selling an inherited house in Maryland covers the Register of Wills and Orphans' Court side.

Selling before a foreclosure sale

The foreclosure exemption covers the foreclosure sale itself and a lender's later resale. An owner who sells before the foreclosure sale is making an ordinary sale and delivers the form.

Maryland adds a protection for owner-occupants whose mortgage is at least 60 days in default. That owner may rescind a contract to sell the house “within 5 days after the execution of the contract,” and no deed may be recorded during those 5 days (Md. Code, Real Property §7-310).

When Is the Form Due, and What If the Buyer Gets It Late?

The seller must deliver the completed statement on or before the day the contract of sale is signed, and a buyer who gets it late can rescind within 5 days after receiving it.

The statute requires delivery “on or before entering into a contract of sale by the vendor and the purchaser” (§10-702(f)(1)). At delivery, each buyer dates and signs an acknowledgment of receipt, which is included in or attached to the contract (§10-702(f)(4)).

On time means no walk-away over the contents

A buyer who receives the statement on time “does not have the right to rescind the contract of sale based upon the information contained in the statement” (§10-702(g)). Early delivery protects you.

Late delivery opens a 5-day window

A buyer who did not get the form by the contract has “the unconditional right, upon written notice to the vendor or vendor's agent: (i) To rescind the contract of sale at any time before the receipt of the disclosure or disclaimer statement or within 5 days following receipt of the disclosure or disclaimer statement; and (ii) To the immediate return of any deposits made on account of the contract” (§10-702(h)(1)).

Three limits apply. The right can end earlier when a mortgage lender gives the written notice described in §10-702(h)(2). It is “waived conclusively if not exercised before” closing or occupancy, whichever comes first (§10-702(k)(2)). And a contract clause cannot waive it in advance (§10-702(k)(1)).

Maryland Seller Disclosure Requirements, Item by Item

Maryland seller disclosure requirements come from §10-702(e), and the Commission's current form turns them into 25 numbered questions, most answered Yes, No, or Unknown.

The statute requires questions on water and sewer, insulation, structure, plumbing, electrical, heating and cooling, wood-destroying insects, land use, and smoke and carbon monoxide alarms. Hazardous materials are named: “asbestos, lead-based paint, radon, underground storage tanks, and licensed landfills” (§10-702(e)(2)).

The version posted on the Commission's forms page (read September 2026) groups its questions like this:

• Systems (items 1-2 and 7-15): years owned, water, sewage, heating, plumbing leaks, cooling, electrical, sprinklers, smoke alarms, septic, and insulation.
• Structure (items 3-6): foundation settlement, basement or crawl space water and sump pump, roof leaks and age, and other structural defects.
• Site and hazards (items 16-19): standing water after heavy rain, wood-destroying insects, hazardous materials including oil and propane tanks, permits for past improvements, and carbon monoxide alarms.
• Legal and location (items 20-23): zoning violations and easements, a location in a “flood zone, conservation area, wetland area, Chesapeake Bay critical area or Designated Historic District,” HOA restrictions, and covenants.
• History (items 24-25): “Has the property ever had flooding or a fire?” and any other material defects, including latent defects.

Older copies still circulate. A version marked “Rev 10-1-07” has 19 items and lacks the permit, covenant, and flooding-or-fire questions.

You do not have to inspect

The seller “is not required to undertake or provide an independent investigation or inspection of the property in order to make the disclosures required by this section” (§10-702(e)(4)). “Unknown” is a real answer when it is true.

The statute also limits liability. A seller is not liable for an error based on information “Not within the actual knowledge of the vendor,” supplied by a government unit, or taken from a licensed expert's report (§10-702(i)(2)).

Lead Paint Rules for Pre-1978 Maryland Houses

A house built before 1978 generally carries a federal lead disclosure on top of the Maryland form, whichever half you sign.

Before the buyer is bound, the seller provides an EPA lead pamphlet, discloses known lead-based paint and hazards, and hands over available reports (40 CFR 745.107). The buyer gets 10 days to test unless the parties agree otherwise in writing or the buyer waives it (40 CFR 745.110).

The rule reaches a large share of Maryland houses. The statewide median year built is 1979, and 51.2% of housing units were built before 1980, the nearest Census cutoff (U.S. Census Bureau, ACS 2020-2024 5-year estimates via Census Reporter). In Baltimore City, 81.6% of units were built before 1980 (same source). Sales at foreclosure are exempt from the federal rule (40 CFR 745.101(a)).

Maryland's rental lead rule

Maryland adds a rule for rentals covered by its lead law. If lead “risk reduction treatment” is due and will not be done before the transfer, the owner must disclose it to the buyer by the contract (Md. Code, Environment §6-824). Our guide to selling a Maryland rental with tenants covers lead registration and turnover tests.

Baltimore City and County Add-Ons

Baltimore City, Montgomery County, and several statewide contract rules add notices that travel with the Maryland form.

Baltimore City's notices are due “on or before entering into a contract for the sale of any real property.” Skipping the vacant building disclosure is a misdemeanor with a fine of up to $1,000 per offense (City Code Art. 2 §14-8(d)). Baltimore City is separate from Baltimore County, so these notices do not apply in Towson or Dundalk.

Montgomery County's radon rule covers detached houses and townhouses, not condominium or cooperative units, and exempts fiduciary, foreclosure, and demolition sales. The statewide notices live in Real Property §14-117.

How a Cash Offer Can Be Priced on What You Disclose

A direct cash buyer can price your house on the condition you disclose up front, so known problems shape the number before signing instead of after an inspection.

In a listed sale, a disclosed roof leak often turns into a repair request or a credit after inspection. Statewide, Maryland recorded 5,582 sales in August 2026, down 8.5% from a year earlier, at a median price of $445,000 and a median of 17 days on market (Maryland REALTORS, Bright MLS data, September 2026).

Separately, the Zillow Home Value Index for Maryland stood at $428,308 in August 2026, essentially flat from a year earlier (Zillow ZHVI, August 2026).

Propcash is a direct cash homebuyer that buys houses as a principal. Either half of the form works for a sale to Propcash. Share your signed statement, any lead or inspection reports, and the city or county notices, and Propcash can make one transparent, data-backed cash offer with the reasoning shown.

There are no fees, no commissions, and no repairs. Cash closings can happen in as few as 7 days on the date you pick, with a title company or settlement attorney handling the paperwork.

To see where you stand, get a cash offer and compare it with what a listing could net after repairs. If a cash sale is not your best move, we will say so and point you to a local agent. We may receive compensation from agents we refer.

See our guide to selling a house in Maryland and our page on selling a house that needs major repairs. This guide is general information, not legal advice.

Frequently Asked Questions

Does a Maryland seller have to give a disclosure or disclaimer statement when selling to a cash buyer?

Yes, unless the sale fits one of the exemptions in Real Property §10-702(b)(2). The law covers the seller of a house with one to four units and makes no exception for cash sales or sales without an agent. A sale to a buyer who will demolish the house or convert it to a nonresidential use is exempt.

What is the difference between the Maryland disclosure statement and the disclaimer statement?

The disclosure statement answers the Real Estate Commission's questions about the house's condition, based on what you actually know. The disclaimer statement sells the house “as is” with no representations about condition, except for latent defects you actually know about. Both halves sit on one Commission form, and either one must be delivered on or before the contract is signed.

Can a Maryland seller sell as is without disclosing anything?

No. Even the disclaimer statement must disclose any latent defects the seller actually knows about, meaning hidden material defects that pose a direct threat to the health or safety of the buyer or an occupant. Houses built before 1978 also carry the federal lead disclosure.

Do heirs have to fill out the Maryland disclosure or disclaimer form?

It depends on who sells. A personal representative selling in the course of administering an estate is exempt under Real Property §10-702(b)(2)(v). An heir who has already taken title and then sells is an ordinary seller, so the form applies.

What happens if a Maryland buyer receives the disclosure form after signing the contract?

The buyer gets an unconditional right to rescind by written notice, at any time before receiving the form or within 5 days after receiving it, with the immediate return of any deposit. The right ends if it is not used before closing or occupancy, whichever comes first. A clause in the contract cannot waive it.

Does a Maryland seller have to inspect or test the house before completing the form?

No statewide rule requires it. Real Property §10-702(e)(4) says the seller does not have to undertake an independent investigation or inspection, and “Unknown” is an answer on the form. Montgomery County is the exception for radon: most detached house and townhouse sales there need a radon test within one year before settlement, done by the seller or the buyer.