Does a home seller have to disclose the property’s condition in Maryland?
In Maryland, a seller of a home with 4 or fewer single family units must give each buyer, on or before entering into the contract of sale, either the state residential property condition disclosure statement or a disclaimer statement selling the home as is, and a buyer who did not receive one by then may rescind the contract within 5 days after receiving it and get the deposit back. Even the disclaimer statement must disclose any latent defects the seller actually knows of that a careful visual inspection would not reveal and that would directly threaten the health or safety of an occupant. The buyer’s rights cannot be waived in the contract, but the right to rescind ends at closing or occupancy, whichever comes first. The rule does not apply to the first sale of a home that has never been occupied or to a foreclosure sale, among other exemptions. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is Md. Code, Real Prop. § 10-702.
| What | Maryland |
|---|---|
| Seller disclosure | Disclosure or disclaimer by signing; 5 days to rescind |
| Kind of rule | A written property condition statement is required |
What the statute says
“… the vendor shall deliver the completed disclosure or disclaimer statement required by this section to the purchaser on or before entering into a contract of sale by the vendor and the purchaser.”
Quoted word for word from the section’s text.
Source
Md. Code, Real Prop. § 10-702
Read the statute in the Maryland Code (Maryland General Assembly): mgaleg.maryland.gov.
Checked against the statute on November 15, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
This page states the state’s rule so the costs and paperwork of a sale can be checked against it before a contract is signed. An owner on Seayora keeps each property’s owners of record and its documents in one place.
Guides on this rule
- Seller Disclosure Requirements by State — Whether a home seller must give a written property condition disclosure, with the rule in each of the 48 jurisdictions with a statute.
Compare this rule in every state
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The same question in other states
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Hawaii
- Idaho
- Illinois
- Indiana