LOCAL RULES: REAL PROPERTY 10-702

Maryland seller's disclosure requirements

Your Maryland seller's disclosure has 3 rules to meet. ReportDraft puts every one on your checklist and checks your draft before you sign.

  • The seller's choice of disclosure or disclaimer, on the Commission's form
  • Every question answered on a disclosure statement
  • Delivered on or before the contract, with the purchaser's signed receipt
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Maryland gives the seller of a home with up to four units a choice: answer the State Real Estate Commission's disclosure statement, or sign its disclaimer statement and sell "as is" while still listing known latent defects. Either one reaches the purchaser on or before the contract, with a signed receipt. Here is each rule with a link to Real Property section 10-702 and the Commission's form.

Last reviewed October 26, 2026 against the official sources listed below.

Seller's disclosureMARYLAND / FREE CALCULATOR

Delivery and deadlines

WhatWhenRule
Completed disclosure or disclaimer statement delivered to each purchaserOn or before entering into the contract of sale (November 2, 2026)Real Property s. 10-702 (f) (1)
Each purchaser dates and signs a written acknowledgment of receipt, included in or attached to the contractWhen the statement is deliveredReal Property s. 10-702 (f) (4)
Received after the contract: the purchaser may rescind by written notice, with deposits returned (ended earlier by a mortgage application after the lender's written notice; waived at closing or occupancy)Until November 10, 2026 (5 days after receipt on November 5, 2026)Real Property s. 10-702 (h), (k)
A conspicuous notice of the purchaser's rights under s. 10-702In the contract of saleReal Property s. 10-702 (l)

Dates count from the dates entered. The contract itself may set other deadlines; check it.

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What Maryland requires

  • The law applies to single family residential real property improved by four or fewer single family units, except the exempt transfers listed on the form (new homes never occupied or with a certificate of occupancy within a year, lender, foreclosure, sheriff and fiduciary sales, conversions or demolitions, and unimproved land)Real Property s. 10-702 (b)
  • The seller completes and delivers either the residential property disclosure statement or the residential property disclaimer statement, on the State Real Estate Commission's single standardized formReal Property s. 10-702 (c) · MREC Residential Property Disclosure and Disclaimer Statement (Rev August 3, 2026)
  • Even a seller selling "as is" discloses latent defects the seller actually knows of: material defects a careful visual inspection would not reveal that pose a direct threat to the health or safety of the purchaser or an occupantReal Property s. 10-702 (a), (d)
  • A disclosure statement indicates the seller's actual knowledge on every question; the seller need not investigate or inspectMREC Residential Property Disclosure and Disclaimer Statement (Rev August 3, 2026) · Real Property s. 10-702 (e) (4)
  • The completed statement is delivered to the purchaser on or before entering into the contract of sale (before the purchaser signs a land installment contract or an option or lease-option), and each purchaser dates and signs a written acknowledgment of receipt included in or attached to the contractReal Property s. 10-702 (f)
  • A purchaser who did not receive the statement on or before the contract may rescind by written notice, with deposits returned, at any time before receiving it or within 5 days after; the right ends earlier after a lender's written notice on a mortgage application, and is waived at closing or occupancy; it cannot be waived in the contractReal Property s. 10-702 (h), (k)
  • Each contract of sale carries a conspicuous notice of the purchaser's rights, and the listing and buyer's agents tell their clients of their rights and obligations under the sectionReal Property s. 10-702 (l), (m)
  • The statement is not a warranty about conditions the seller does not actually know of, and the seller is not liable for errors based on information outside the seller's actual knowledge or from a public body or a licensed expert's reportReal Property s. 10-702 (i)

Disclosure or disclaimer

The Commission publishes one standardized form with both statements. On the disclosure side the seller answers twenty-five numbered questions from actual knowledge: property systems, foundation, basement, roof, structure, plumbing, heating, cooling, electrical, sprinklers, smoke alarms, septic, water, insulation, drainage, wood-destroying insects, hazardous materials and permits, carbon monoxide alarms, zoning, flood and critical areas, associations, covenants and past flooding or fire. On the disclaimer side the seller sells "as is" but must still list latent defects: hidden material defects that threaten health or safety.

Who must give one

The rule covers single family homes with four or fewer units. Exempt are first sales of never-occupied homes or homes with a certificate of occupancy under a year old, lender-owned and foreclosure sales, sheriff and tax sales, fiduciary transfers, conversions or demolitions and unimproved land.

Delivery and the purchaser's rescission right

The statement is delivered on or before the contract, and each purchaser dates and signs a receipt that goes with the contract, which must also carry a conspicuous notice of these rights. A purchaser who gets no statement by then can rescind in writing, with deposits returned, until it arrives and for five days after, unless a lender's notice on the mortgage application ends the right sooner; closing or occupancy ends it for good.

Common mistakes

  • Signing the disclaimer and assuming nothing has to be disclosed: known latent defects must still be listed.
  • Using an old copy of the form: the Commission revised it on August 3, 2026.
  • Handing over the statement after the contract, which gives the purchaser a right to rescind.
  • Forgetting the purchaser's dated and signed receipt in or attached to the contract.
  • Answering the smoke alarm questions without checking the alarms' age, power source and battery type.

Sources

Last reviewed October 26, 2026. Next review due January 26, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.