Every Maryland seller of a house covered by the law ends up holding the same state form and facing the same choice. One part is a long checklist about the home’s condition. The other is a short page that says you’re selling “as is.” You sign one or the other, not both.
I’m Evan Weissman. I buy houses in Maryland, and sellers often ask me which page they should sign. I’m not a lawyer and this isn’t legal advice, but here’s how the two options work according to the statute and the form itself.
The choice in Real Property Section 10-702
Maryland Real Property Section 10-702 requires the seller of certain residential property to give the buyer one of two statements:
- A disclosure statement, which reports defects and other information about the property’s condition that the seller actually knows about, or
- A disclaimer statement, which says the seller makes no representations or warranties about condition, except what’s in the contract and the seller’s list of known latent defects.
Both are on one state form, the Maryland Residential Property Disclosure and Disclaimer Statement. The current version is posted by the Maryland Department of Labor. Check that you’re using the latest revision.
How the disclosure side works
The disclosure statement walks through the house system by system: foundation, basement, roof, plumbing, heating and cooling, electrical, smoke alarms, septic, water supply, drainage, hazardous materials, zoning, flood zones, and more. For most questions you answer Yes, No, or Unknown.
The form says plainly that you aren’t required to hire inspectors or investigate. You answer based on your personal knowledge at the time you sign. The statute also says a disclosure statement isn’t a warranty about conditions you don’t know about.
There’s an added protection in subsection (i). A seller isn’t liable for an error in the disclosure if it was based on information the seller didn’t actually know, information from a state or local government unit, or a report from a licensed expert like an engineer, surveyor, or home inspector acting within their field.
How the disclaimer side works
The disclaimer statement is shorter, but it’s not a blank check. Subsection (d) of the statute says it must still disclose any latent defects the seller actually knows about. A latent defect, as the form defines it, is a material defect that:
- A buyer wouldn’t reasonably be expected to notice by a careful visual inspection, and
- Would pose a direct threat to the health or safety of the buyer or an occupant, including a tenant or guest.
The disclaimer page asks directly whether you have actual knowledge of any latent defects, with a Yes or No box and space to describe them. So “as is” doesn’t mean “say nothing.” It means you’re not making promises about everything else.
Weighing the two options
Here’s how I’d think about it.
Signing the disclosure can make sense if you’ve lived in the house a long time, know it well, and have records. A detailed, honest disclosure tends to reassure buyers. It also puts a lot of answers on paper, so you need to be careful and accurate.
Signing the disclaimer can make sense if you don’t know much about the house, such as a rental you didn’t live in, or a house you’ve owned only briefly. You still have to list known latent defects. Some buyers will read a disclaimer as a signal to inspect more closely, and that’s fine.
Either way, honesty matters more than which page you pick. If you know the basement floods every spring, telling the buyer up front is far better than a dispute after settlement. My article on latent defects goes deeper on that category.
What happens if the buyer never gets the form
Timing matters here. Under subsection (g), a buyer who gets the statement on or before signing the contract can’t later rescind the contract based on what’s in it.
Under subsection (h), a buyer who doesn’t get the statement before signing has an unconditional right, with written notice, to rescind before receiving it or within 5 days after receiving it, and to get the deposit back right away. That right can end earlier in some cases tied to a mortgage application, and it ends for good at closing or occupancy, whichever comes first. The buyer can’t waive these rights in the contract.
For a seller, the lesson is simple. Get the signed statement to the buyer before the contract is signed.
Sales that don’t need either statement
The form lists transfers that are excluded from the requirement. They include:
- The first sale of a never-occupied home, or one with a certificate of occupancy issued within the past year
- Transfers exempt from transfer tax, with some exceptions
- Sales by a lender that took the property through foreclosure or a deed in lieu
- Sheriff’s sales, tax sales, foreclosure sales, partition sales, and sales by a court-appointed trustee
- Transfers by a fiduciary while administering an estate, guardianship, conservatorship, or trust
- Homes the buyer will convert to non-residential use or demolish
- Unimproved land
So a personal representative selling a parent’s house during probate generally doesn’t have to fill out the form, though sharing what’s known is still smart.
When you sell to a cash buyer
Selling directly to a cash buyer doesn’t remove the statute. If your sale is covered, you still give the buyer one of the two statements. Many sellers who come to me choose the disclaimer because they don’t know the house’s history well, and that’s fine as long as they list any latent defects they know about. My as-is page explains the rest of the process.
Do I have to fill out the Maryland disclosure form if I sell as-is?
You must give the buyer either the disclosure or the disclaimer statement unless your sale is exempt. Signing the disclaimer still requires listing known latent defects.
Can I sign both the disclosure and the disclaimer?
The form is built as a choice. The notices tell sellers to complete the disclosure only if they elect to disclose, and otherwise to sign the disclaimer.
What if I don’t know the answer to a question on the disclosure?
The form offers Unknown for most questions, and it says you don’t have to investigate. Answer based on what you actually know.
Can a buyer back out because of the disclosure form?
If the buyer received it before signing the contract, they can’t rescind based on its contents. If they got it later, they may have a short window to rescind.
Does a personal representative need to fill out the form?
Generally no. Transfers by a fiduciary while administering a decedent’s estate are on the list of exclusions.
Talk through your situation
If you’re unsure which statement fits your house, call or text me at (410) 498-7473. I’ll share how I’ve seen other sellers handle it, and you can confirm the details with your attorney.