When homes sit on the market or fall apart at inspection, the culprit is often the same: missing or sloppy disclosures. If you’re a motivated seller in Maryland, you can protect your timeline and your net by getting disclosures right the first time—especially if you plan to sell as‑is or you’re juggling probate, tenants, or past damage.
This guide explains, in plain English, what Maryland sellers must disclose, how federal rules (like lead‑based paint) layer on top, and how smart documentation actually speeds up closing—whether you go retail with an agent, opt for direct as‑is cash, or choose a hybrid.
Disclaimer: Informational only—not legal or tax advice. Always confirm your situation with your own attorney, title company, or CPA.
Why Disclosures Matter (Especially for Motivated Sellers)
- Fewer re‑trades and fall‑throughs: Clear files reduce surprise repair credits and appraisal drama.
- Faster title and underwriting: Title officers and lenders move quicker when they aren’t chasing documents.
- Fewer lawsuits: Most real estate lawsuits arise from non‑disclosure or misrepresentation.
- Better negotiations, even as‑is: When you disclose what you know, serious buyers price risk once—not at the final walk‑through.
If you’re comparing an as‑is cash sale to a retail listing, learn how buyers weigh risk and certainty here: Comparing Your Selling Options for Your Capitol Heights Real Estate. If time and certainty matter most, a vetted cash path can make sense.
Maryland 101: Disclosure vs. Disclaimer—What’s the Difference?
Maryland uses a single, two‑part form called the Residential Property Disclosure and Disclaimer Statement. Sellers choose one section to complete:
- Disclosure = you state known defects and facts about the property’s condition.
- Disclaimer = you are selling “as‑is” and making no representations—but you must still disclose known material defects. “As‑is” isn’t a license to hide problems.
Maryland’s buyer protections are real: if the buyer doesn’t receive the form on or before contract execution, they can usually resc ind within a limited window and get deposits returned. That’s one reason a clean disclosure packet shortens timelines and avoids deal collapse late in the game.
Pro move: Deliver your disclosure/disclaimer with your listing or offer response. If you’re going as‑is, pair the Disclaimer Statement with a short, honest list of known issues (roof age, active leaks, HVAC condition) to avoid last‑minute renegotiation.
Federal Overlays You Can’t Ignore (They Apply in Maryland Too)
Lead‑Based Paint (Homes Built Before 1978)
If your home predates 1978, federal law requires that you:
- Provide the lead disclosure and EPA pamphlet to buyers,
- Disclose known lead paint or hazards, and
- Share any records or reports you have.
Flood Risk & Insurance Context
Even when not explicitly mandated by state law, disclosing known flood history, past claims, or drainage issues is smart. Buyers check FEMA flood maps and may face lender‑required flood insurance. Be proactive: include any elevation certificates, past claims, sump pump/alarm info, and gutter/downspout upgrades in your packet.
Radon (Best Practice—and Required in Some MD Localities)
Radon is a colorless gas tied to lung‑cancer risk. Testing is routine in transactions across the DMV. If your home is in a locality that requires testing (e.g., parts of Montgomery County), include the results and any mitigation details. Elsewhere in Maryland, it’s still a smart, low‑cost item to address up front.
What Maryland Sellers Should Disclose (With Examples You Can Use)
Use this section as a practical checklist while you gather documents. When in doubt, disclose. If you truly don’t know, say so, but avoid guesses.
1) Structure & Systems
- Foundation: movement, visible cracks, water intrusion mitigation (e.g., French drains).
- Roof: age, leaks, previous patching; document year and installer if known.
- HVAC / Electrical / Plumbing: non‑functional zones, recalls (e.g., specific panel brands), polybutylene piping, chronic clogs.
- Appliances: known defects if they convey.
Why it matters for motivated sellers: Disclosing system age and condition lets fast‑close buyers price repairs once. It also helps retail buyers get comfortable, reducing inspection re‑trades.
2) Water, Drainage, and Soil
- Basement or crawlspace moisture: frequency, severity, past remediation.
- Exterior drainage: gutters, downspouts, grading, sump pump history.
- Soils: known expansive or unstable soils; retaining wall movement.
If your Baltimore property has chronic moisture or tenant damage, this article helps with practical steps: Dealing With Tenants Who Don’t Pay Rent in Baltimore—useful context if you’re selling with occupants.
3) Environmental & Health
- Lead‑based paint (pre‑1978), asbestos, mold, radon results and mitigation systems.
- Underground storage tanks (USTs) or filled‑in wells.
- Pests: current/previous termite treatment; transferable warranties.
Tip: Include reports (even older ones) with dates and outcomes. If a radon system exists, photograph the fan and label the last service date.
4) Title, Legal & Financial
- Liens or judgments, HOA/condo violations or unpaid dues.
- Estate/probate status (letters of administration if applicable).
- Permits: open/closed permits for additions, decks, basement finishes.
- Insurance claims: hail, flood, fire, or water damage and what was repaired.
Behind on payments or worried about foreclosure? Learn the downstream risks and timelines here: Consequences of Foreclosure in Baltimore for Sellers. If timing is critical, a cash or hybrid exit with a guaranteed date may be wiser than gambling on a long retail timeline.
5) Occupancy, Leases & Rentals
- Current tenants: lease terms, deposits, arrears, notices served.
- Licensing: local rental licenses and lead‑safe certificates where required.
- Short‑term rentals: platform history and gross/net performance.
Why include this? Many as‑is buyers will take properties with tenants in place if the file is clean. Documenting deposits and arrears up front makes offers stronger and closings faster.
6) HOA/Condo & Community
- Resale package timing, fees, and known rule changes that affect use (parking, rentals, pets).
- Special assessments: amounts paid/owed and project status.
“As‑Is” Done Right: How to Use the Disclaimer Without Killing Trust
“As‑is” works best when paired with candor and documents:
- Complete the Disclaimer section and add a one‑page Known Conditions Addendum (bullet the big items: roof age, past leaks, non‑working appliances).
- Provide supporting docs (repair receipts, warranties, service logs).
- Offer limited access (one walkthrough) and a short inspection window (e.g., 3 business days).
- Be clear about possession (leave‑behind items, possible rent‑back).
Doing this lets serious buyers price risk once, sign faster, and skip last‑minute credit grabs.
Curious how a clean, fast as‑is sale compares to listing? See what costs add up on the agent route here: The Costs of Listing With an Agent in Waldorf. Knowing both paths helps you pick the better net for your situation.
What to Include in Your Disclosure Packet (A Seller‑Friendly Checklist)
Property Basics
- Full legal address, parcel ID, HOA/condo name and account numbers
- Utility averages (12‑month water/power/gas), past high/low bills
- Age of roof/HVAC/water heater and any major upgrades (with dates)
Condition & Environmental
- Roof leak history; moisture mitigation steps
- Radon results (with dates) and any mitigation system photos
- Termite reports/warranties; pest treatment records
- Lead‑based paint disclosure if pre‑1978; any abatement docs
Title & Legal
- Mortgage/HELOC payoff statements; HOA payoff/contact
- Open permits; closed‑permit proof (finals) if available
- Insurance claims summaries; receipts/photos of completed repairs
- If an estate: letters of administration and PR authority
If selling with tenants
- Executed lease(s); addenda; rent ledger; security deposit receipts
- Notices served (if any); move‑in condition photos
Add optional credibility
- Pre‑sale home inspection (if you’re listing retail)
- Sewer scope or roof report for older homes
- Contractor quotes for known big‑ticket items (buyers price more fairly when they see real bids)
How Disclosures Change Your Timeline (Retail vs. Cash vs. Hybrid)
Retail listing can net more if your home is financeable and you have time for media, showings, and buyer underwriting. Pair disclosures with pro photos and a floor plan; launch on a Thursday; collect feedback quickly.
Direct as‑is cash is simplest when condition or timing makes retail risky. You’ll trade some headline price for speed and certainty—often with surprisingly close net once you subtract months of carrying costs and credits.
If investors are your likely buyer (estate sale, heavy repairs, tenants), learn how local buyers find and price opportunities: Deals on Maryland Investment Properties.
Contingencies, Disclosures, and Your Leverage (How They Interact)
Inspection, appraisal, financing, and HOA document contingencies give buyers exits and leverage. Well‑crafted disclosures narrow those pressure points. Example: a buyer can’t claim “unknown roof leak” if your packet clearly states past leaks and shows a roofer’s inspection.
If you’re mapping a retail route in a nearby market, this decision tree helps: Contingencies Before Selling Your House in College Park.
Pro Tip: In a hybrid sale, you launch retail with full disclosures and hold a pre‑negotiated cash offer as a back‑up. If showings lag or a buyer re‑trades, you pivot to a guaranteed date without starting from scratch.
Scripts You Can Use (Speed Up Decisions, Reduce Drama)
Requesting limited access for an as‑is sale:
“Happy to provide a 30‑minute walk‑through Thursday 10–12. Please send proof of funds and EMD terms with your offer; we’ll review same day.”
When a buyer asks for a big repair credit:
“We disclosed the prior leak with roofer’s report. If we credit $2,500 for the patch you identified, can you remove your inspection contingency today and keep the closing date?”
If the buyer didn’t receive the form on time:
“Our intent is transparency—please confirm receipt of the Maryland Disclosure/Disclaimer so we’re aligned on timelines.”
Explaining ‘as‑is’ to a retail buyer:
“This is an as‑is sale with a known conditions addendum attached. Feel free to bring your inspector; we’re limiting access to one visit and a 3‑day window so we can stay on schedule.”
Frequently Asked Questions (Maryland Sellers)
Do I have to fill out the Maryland form if I’m selling as‑is?
Yes. You choose Disclosure or Disclaimer—but even with Disclaimer, disclose known material defects. “As‑is” doesn’t allow concealment.
What if I truly don’t know an answer?
Say “unknown.” Don’t guess. If you later discover new information, provide it promptly in writing.
Should I get a pre‑listing inspection?
If you plan to list retail and timing isn’t urgent, a pre‑inspection can help you fix safety items and reduce re‑trades. If you’re going as‑is cash, a short buyer inspection window is usually sufficient.
What if I’m on the edge of foreclosure?
Act now. Disclose any forbearance or loan status, then compare retail timing against a guaranteed cash date to protect your net and credit. See: Consequences of Foreclosure in Baltimore for Sellers.
I want a straight talker—not a “list and hope” agent.
If you need strategic options (cash, hybrid, or polished retail) and proactive communication, this explains what sets top pros apart: What Makes Us Different from Other Real Estate Agents in Maryland.
External Resources (Credible, Bookmark‑Worthy)
- Maryland Residential Property Disclosure & Disclaimer Statement (Official form): dsd.maryland.gov/regulations/artwork/09110701.pdf
- Maryland REALTORS®—Notice to Buyer & Seller on Disclosure Law (rescission rights & timing): mdrealtor.org/…/Notice%20to%20Buyer%20and%20Seller%20-%20Residential%20Property%20Condition%20Disclosure%20Law_1-23.pdf
- Maryland Statute (Real Property §10‑702) overview: mgaleg.maryland.gov/…/section=10-702
- EPA—Lead‑Based Paint Disclosure (pre‑1978) + sample forms: epa.gov/lead/real-estate-disclosures-about-potential-lead-hazards
- eCFR—24 CFR Part 35 Subpart A (lead disclosure rule text): ecfr.gov/current/title-24/subtitle-A/part-35/subpart-A
- FEMA—Flood Map Service Center (flood risk & maps): msc.fema.gov/portal
- EPA—Home Buyer’s & Seller’s Guide to Radon (testing & mitigation): epa.gov/radon
14‑Day Disclosure‑First Action Plan (From “Stuck” to “Sold”)
Day 1–2: Choose route (retail, cash, hybrid). Download and complete Maryland Disclosure/Disclaimer. Start a shared folder for your packet.
Day 3–4: Gather docs (payoffs, HOA, insurance claims, permits, lead/radon/pest reports). Photograph mechanicals and any mitigation systems.
Day 5: If listing, book pro photography + floor plan. If cash, schedule a 30‑minute access window for two vetted buyers.
Day 6: Deliver your disclosure packet to all prospects. For cash, require proof of funds and EMD at title within 48 hours.
Day 7–10: Title opens; order payoffs; clear liens; HOA/condo resale package ordered.
Day 11–14: Sign and close (cash) or launch retail (Thursday) with proactive price reviews at days 14 and 28.
Ready to Sell—with Clarity and Confidence?
You don’t have to gamble on hidden problems or endless negotiations. With a clean Maryland disclosure packet, you can list retail or sell as‑is for cash on your timeline—without legal headaches. We’ll help you compare side‑by‑side net proceeds, set a firm closing date, and keep your file tight so you can move on to the next chapter.
Call Simple Homebuyers at (240) 776-2887 or message us for a fast, respectful plan that fits your goals in Maryland.