What must a home seller disclose in Maryland?

Maryland's regime under Real Property Article § 10-702 allows sellers to choose disclosure or disclaimer.

1. Disclosure or Disclaimer

Disclosure Statement: completed checkbox form covering systems, components, and known defects.

Disclaimer Statement: states property is sold "as-is" with no representations or warranties other than latent defects.

2. Latent Defects Always Disclosed

Even when choosing the disclaimer, the seller must always disclose latent defects of which they have actual knowledge that present a threat to the physical health or safety of occupants.

3. Content of Disclosure

Water and sewer/septic systems.

Insulation type and location.

Structural systems, foundation, walls, roof.

Plumbing, electrical, HVAC.

Wood-destroying insects.

Hazardous or regulated materials: asbestos, radon, lead, USTs.

Flooding history and flood zone.

Zoning violations, code violations, HOA.

4. Lead Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

MD Reduction of Lead Risk in Housing Act (Env. Article § 6-801 et seq.) — additional state regime for rental property built before 1950.

5. Timing

Must be delivered before the contract is signed. Late delivery gives buyer the right to rescind within 5 days.

6. Exemptions — § 10-702(b)

Initial sale of single-family residence (new construction), court-ordered, foreclosure, fiduciary in estate, between co-owners or spouses, transfers to/from government.

7. Statute of Limitations

3 years for breach of contract and fraud (Cts. & Jud. Proc. § 5-101); 3-year discovery rule for fraud.

This is legal information, not legal advice.