Maryland Seller Disclosure Laws in 2026: What You Must Tell a Buyer (and What You Don't)

Selling a home in Maryland is more legally exposed than most sellers realize. The state has some of the strictest seller disclosure laws in the country, and getting them wrong is one of the few ways a closed real estate transaction can come back to haunt you years after closing.

Here's exactly what you must disclose, what's optional, and the forms you'll sign in 2026.

Disclaimer: I'm a REALTOR®, not a Maryland attorney. The information below is general guidance. For a specific disclosure question, consult a Maryland real estate attorney.

What is the Maryland seller disclosure law?

Maryland law (Real Property Article § 10-702) requires sellers of single-family residential property to either:

1. Provide a Residential Property Disclosure Statement (RPDS) — disclosing known defects in the property, OR
2. Provide a Residential Property Disclaimer Statement — selling the property "as is" with no representations as to condition

The seller must choose one or the other, in writing, before the contract is signed (or as part of the contract package). The buyer signs to acknowledge receipt.

The choice matters. The disclosure approach requires you to actually disclose known defects. The disclaimer approach lets you sell "as is" but doesn't protect you from liability for latent defects (hidden problems you knew about) or fraud.

What's the difference between disclosure and disclaimer in Maryland?

Disclosure (RPDS):

• Seller affirmatively states known material defects (or absence thereof) on a state-mandated form
• Covers structural, mechanical, environmental, legal items
• Seller must answer honestly — incorrect or incomplete answers create liability
• Most common path; ~70–80% of MoCo sellers use it

Disclaimer:

• Seller declines to make representations about property condition
• Property sold "as is" — buyer accepts condition without seller warranties
• Less common; typically used by:
  • Estate sales (executor doesn't know property condition)
  • Investors flipping properties
  • Sellers who haven't lived in the home recently
  • Distress sales (foreclosure-adjacent)

Important: Disclaimer does NOT shield a seller from liability for:

• Latent defects (hidden problems the seller actually knew about and failed to disclose)
• Fraud (active misrepresentation of property condition)
• Material misstatements in the listing or contract

A seller using disclaimer who knew about a foundation crack and didn't mention it can still be sued.

What must Maryland sellers disclose on the RPDS?

The Maryland Residential Property Disclosure Statement covers a wide range of property conditions. The seller must answer Yes / No / Don't Know / Not Applicable for items including:

Structural systems:

• Foundation issues, settling, cracks
• Roof condition and age, leaks
• Walls, ceilings, floors
• Drywall, masonry

Mechanical systems:

• HVAC, water heater, plumbing, electrical
• Septic or sewer
• Well or public water
• Sump pump

Environmental and health:

• Lead-based paint (homes built before 1978)
• Mold, water damage, flooding history
• Radon test results
• Asbestos, underground storage tanks
• Termite/wood-destroying insect history

Legal/title:

• Easements, encroachments
• Boundary disputes
• Liens, judgments, pending litigation
• HOA / condo association issues, violations
• Special assessments pending

Use restrictions:

• Zoning issues
• Permits for additions, structures, decks
• Variances or non-conforming uses

Other:

• Insurance claims history
• Flood zone designation
• Pending insurance claims

The form is comprehensive — typically 4–8 pages depending on the version and the specifics of the property.

What if I don't know the answer to a disclosure question?

You can answer "Don't Know." Maryland law explicitly allows it.

But "Don't Know" is not a safe escape hatch — it must be honest. If you actually know about a defect and check "Don't Know" to hide it, that's a misrepresentation that creates liability.

Practical rule: answer "Don't Know" only when you genuinely don't know. If you have any reason to believe a defect exists (visible signs, past repairs, vendor reports), you must disclose it.

For older homes, "Don't Know" is reasonable for items like:

• Age of original roof if replaced before you bought
• Original electrical panel age
• Underground storage tank existence (in older properties)
• History of water damage before you moved in

For items in your direct experience (recent repairs, current leaks, problems you've observed), "Don't Know" is not defensible.

Are there specific disclosures required for older Maryland homes?

Yes — most importantly the federal Lead-Based Paint Disclosure for homes built before 1978.

Federal law requires sellers of pre-1978 homes to:

1. Provide a Lead-Based Paint Disclosure pamphlet ("Protect Your Family from Lead in Your Home")
2. Allow the buyer 10 days to conduct a lead-based paint inspection
3. Disclose any known lead-based paint or hazards
4. Include a federally-mandated warning in the contract

For homes in Bethesda, Chevy Chase, Kensington, Takoma Park, and many other older Maryland neighborhoods, this disclosure is required for most pre-1978 properties. Failure to provide it can void the contract or expose the seller to federal penalties.

Do I have to disclose deaths or stigmatized events in the property?

Generally, no — Maryland does not require disclosure of deaths or psychological stigmas.

Maryland law specifically states that the death of an occupant, including death by suicide or violent crime, is not a material fact that requires disclosure. Similarly, alleged paranormal activity is not material.

However, if a buyer asks directly, you cannot lie. Maryland's general fraud principles still apply — if a buyer asks "did anyone die in this home?" and you say no when you know yes, that's misrepresentation.

Practical approach: don't volunteer the information, but answer honestly if asked. Most buyers don't ask, and stigmatized property issues rarely come up in transactions.

Do I have to disclose a death from COVID-19?

Same rule applies — not required to disclose. Same caveat about not lying if directly asked.

Do I have to disclose flooding or water damage in Maryland?

Yes — explicitly required.

The RPDS specifically asks about:

• Past flooding events
• Standing water in basement or crawlspace
• Water intrusion through walls, windows, roof
• Sump pump operation and history

For homes in flood zones (some areas of Cabin John, Glen Echo, parts of Potomac near the river), additional disclosure of flood zone designation and any insurance claims is required.

Hiding water damage is one of the most common reasons sellers face post-closing lawsuits in Maryland. Buyers often discover mold or water damage after move-in, hire experts, and trace the issue back to a known seller defect. Damages can include repair costs, mold remediation, decreased home value, and legal fees.

What happens if I don't disclose a known defect?

Three potential consequences:

1. Buyer can sue for damages.

Maryland buyers who discover undisclosed material defects within 3 years of closing can sue for actual damages (repair costs, diminished home value) and potentially punitive damages for fraud.

2. Buyer can rescind the contract.

If the misrepresentation is discovered before closing or shortly after, the buyer can sometimes rescind the entire transaction.

3. Real estate license complaints.

If the seller's agent knew about the defect and failed to disclose, the agent can face license discipline. This is why your listing agent will be very firm about completing the RPDS accurately.

Cases I've seen in MoCo over the years:

• Foundation crack hidden behind painted drywall → buyer found it during a basement remodel → $35,000 lawsuit, settled for $22,000
• Roof leak history not disclosed → buyer discovered after a heavy rain → $18,000 in repairs + buyer agreed to drop suit for refund
• Septic failure hidden by recent service → buyer's well/septic inspection caught it → contract rescinded mid-deal

The pattern is consistent: the disclosure save would have been $0 (just acknowledging the issue). The cover-up cost the seller significant money.

Do I have to disclose if I'm selling "as is"?

Yes — the disclosure or disclaimer is still required even on as-is sales.

"As is" is a contract term meaning the seller won't fix any issues found in inspection. It doesn't eliminate the disclosure requirement.

A typical Maryland as-is sale uses:

• Disclaimer statement (rather than RPDS) — seller makes no representations
• As-is clause in the contract — buyer accepts property in current condition
• Buyer typically waives or shortens the inspection contingency

But the seller still cannot actively hide a defect or commit fraud, even in an as-is sale.

For more on as-is selling strategy, see selling as-is in Montgomery County 2026.

What if I add improvements without permits?

This is one of the most common issues I see in MoCo sales.

If you added a deck, finished a basement, replaced electrical, or did any work that should have been permitted but wasn't, you should disclose this on the RPDS.

Consequences of unpermitted work:

• Buyer's lender may require permits before approving the loan
• Buyer's insurance may not cover the work in case of damage
• Buyer can demand seller pay to retroactively permit (often $1,500–$5,000+)
• Buyer may demand a credit at closing or back out of the deal

Action: before listing, identify any unpermitted work and decide whether to:

1. Pull retroactive permits before listing (cleanest but slowest)
2. Disclose and offer a closing credit to cover buyer's retroactive permit costs
3. Disclose and price accordingly — buyer assumes responsibility

Hiding unpermitted work is a recipe for a lawsuit or a failed close.

Do I have to disclose pending HOA assessments?

Yes — and this catches many sellers off-guard.

If your HOA or condo association has voted to impose a special assessment (e.g., for a major roof replacement, new HVAC, parking lot resurfacing), you must disclose it.

Even if the assessment hasn't been billed yet, if it has been announced or voted on, it's a known material fact.

The buyer typically gets the right to:

1. Review the HOA's resale package (which includes financial statements and special assessment plans)
2. Terminate the contract within a window (typically 7 days in Maryland for condos)

For specifics on HOA documents in Maryland transactions, see contingencies in Maryland — which to keep.

What records should I keep for disclosure protection?

To protect yourself against post-closing disclosure disputes, keep:

1. A copy of your completed RPDS signed by buyer
2. Receipts for all major repairs and improvements
3. Inspection reports from when you originally purchased
4. Permits for all permitted work
5. Insurance claim history (helpful for disclosure questions)
6. Correspondence with HOA about any improvements or violations

If a buyer ever sues you over a disclosure issue, this documentation is your defense.

Should I get a pre-listing inspection in Maryland?

For many sellers, yes.

A pre-listing inspection ($400–$600) lets you:

• Identify defects before the buyer's inspector does
• Disclose them confidently on the RPDS
• Fix them or price accordingly before listing
• Avoid contingency-period renegotiation surprises

For older homes (pre-1990) or homes with known issues, the pre-listing inspection is one of the cheapest insurance policies you can buy. It also strengthens your disclosure protection — you have a documented basis for what you disclosed.

For deals where the seller has lived in the home for less than 3 years, pre-listing inspections are less essential. For long-time owners selling 20+ year holds, very valuable.

For ROI math on pre-listing prep, see repairs that pay off before listing in Maryland.

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The bottom line

Maryland seller disclosure law in 2026 requires:

• Either an RPDS (disclosing known defects) or a Disclaimer (selling as-is, no representations)
• A Lead-Based Paint Disclosure for homes built before 1978 (federally required)
• Honest answers on the RPDS — "Don't Know" is allowed only when truly unknown
• Disclosure of pending HOA special assessments
• Disclosure of flooding, water damage, and major mechanical issues

The single biggest mistake Maryland sellers make: hiding a known defect to avoid a price reduction, then being sued years later for far more than the price reduction would have cost.

The right approach: disclose everything you know, price the home reflecting any known defects, and sleep well after closing.

For the broader selling process in Maryland, see the cost of selling a house in Maryland and selling your home in Montgomery County in 2026.

Questions about a specific disclosure issue on your sale? Call (301) 357-1170 — I'll walk through the form with you, and refer you to a Maryland real estate attorney if your situation needs one.