Buying a home is one of the biggest financial decisions you’ll ever make—and in Maryland, the law ensures that buyers have the right to know certain facts about the property they’re considering. If you’re in the market for a home, it’s important to understand what sellers are legally required to disclose before the sale can move forward.
At Mr. Lister Realty, we believe that informed buyers make confident decisions. Here’s what you need to know about seller disclosure requirements in Maryland.
Maryland Residential Property Disclosure/Disclaimer Statement
In Maryland, sellers of single-family homes are required to provide buyers with one of two forms before a contract is finalized: a Disclosure Statement or a Disclaimer Statement.
- Disclosure Statement: This document outlines the known condition of the property. The seller answers a series of questions about various systems and areas of the home, such as the roof, plumbing, electrical, and HVAC.
- Disclaimer Statement: If the seller chooses not to provide specific details about the property’s condition, they can use this form to declare there are no known issues. However, even under a disclaimer, they are still required to disclose any known latent defects.
What Is a Latent Defect?
A latent defect is a condition that is not visible upon a normal inspection and poses a risk to health, safety, or the property’s value. These defects must be disclosed whether or not the seller completes the full disclosure form, if they are aware of them.
Examples of latent defects include:
- Structural damage to the foundation
- Leaks in the roof not visible from inside
- Mold hidden behind walls
- Serious electrical hazards
- Flooding issues in the basement
Failing to disclose such defects can lead to legal consequences for the seller after the sale is complete.
Common Disclosures Included in Maryland
When a seller chooses the disclosure route, they typically provide information about the following:
- Age and condition of the roof
- Water damage or flooding history
- Termite or pest infestations (past or present)
- Plumbing and electrical system functionality
- Heating and cooling systems
- Lead-based paint (required for homes built before 1978)
- Septic systems or well water concerns
- Environmental hazards such as asbestos or radon
Buyers should review these disclosures carefully and follow up with questions or further inspections if anything is unclear.
Document To Be Included With Contract
The Seller is required to include the Disclosure/Disclaimer statement in their package of seller disclosures. The buyer is to review it prior to making an offer and sign the document acknowledging that they are in receipt of it and accept the conditions. If the document is not available at the time of contract, the buyer has the right to rescind the offer at any time prior to receiving the Disclosure/Disclaimer, OR within 5 days of receiving it.
Why a Home Inspection Is Still Important
Even with required disclosures, it’s essential to have a licensed home inspector evaluate the property. Sellers may not be aware of every issue, and an inspection can reveal problems that aren’t covered in the disclosure form.
A thorough inspection helps buyers make informed decisions and gives them leverage to negotiate repairs or price adjustments before closing.
Trust Mr. Lister Realty to Guide You
The Maryland disclosure process is designed to protect homebuyers—but understanding your rights and responsibilities is key. At Mr. Lister Realty, our experienced team is here to guide you through every step of the buying process.
Have questions or need help navigating your next home purchase in Maryland? Contact us at 410-486-5478 or visit MrListerRealty.com to get started.