Maryland guide
Maryland Residential Property Disclosure vs. Disclaimer: The §10-702 Choice
In Maryland, the seller of most existing single-family homes must give you a special state form before you sign the purchase contract.
Reading as buyer.
TL;DR
In Maryland, the seller of most existing single-family homes must give you a special state form before you sign the purchase contract. That form lets the seller pick one of two paths: a Disclosure that lists problems they actually know about, or a Disclaimer that sells the home 'as is.' Even when the seller picks the Disclaimer, Maryland law still forces them to tell you about hidden safety hazards they already know about.
Before you start — 8 things to know
Maryland Code Real Property §10-702 requires sellers of most existing single-family homes to give you the state's Residential Property Disclosure and Disclaimer Statement before you sign the purchase contract.
The Maryland §10-702 form gives the seller two choices on a single MREC-published document: the Disclosure side (answer questions about known problems) or the Disclaimer side (sell 'as is' with no warranties).
On the Disclosure side of the §10-702 form, the seller answers 'yes,' 'no,' or 'unknown' for systems including foundation, basement, roof, structural elements, plumbing, heating, air conditioning, electrical, septic, water supply, and hazardous materials.
On the Disclaimer side of the §10-702 form, the seller states that the home is sold 'as is' and makes no representations or warranties about its condition.
Even with the Disclaimer side, Maryland §10-702 still requires the seller to disclose any known latent defects — hidden material defects that a careful visual inspection would miss and that could threaten the health or safety of an occupant or tenant.
Some Maryland sales are exempt from §10-702 entirely, including new construction never previously occupied or with a certificate of occupancy issued within the past year.
Other transfers exempt from the Maryland §10-702 form include foreclosure and lender-owned sales, sheriff's sales, tax sales, estate and trust transfers, and sales of unimproved land.
The Maryland §10-702 form is not a substitute for your own home inspection, because sellers only answer what they actually know and an independent inspector can catch problems they missed.
The timeline — step by step
Before you sign a Maryland purchase contract, the seller delivers the §10-702 Residential Property Disclosure and Disclaimer Statement to you.
Check which side of the §10-702 form the seller checked: the Disclosure side (system-by-system answers) or the Disclaimer side ('as is').
If the seller picked the Disclosure side, read every 'yes,' 'no,' or 'unknown' answer along with any written comments for items like roof, foundation, plumbing, heating, AC, electrical, septic, water supply, and hazardous materials.
Whether the seller picked Disclosure or Disclaimer on the §10-702 form, review the latent-defects section — anything listed there are known hidden hazards the seller admits to.
Hire your own licensed home inspector regardless of which side of the §10-702 form the seller picked, since the form only reflects what the seller actually knows.
If your inspector finds problems, use your contract's inspection contingency to negotiate repairs, a price reduction, or to walk away from the deal.
Keep the signed Maryland §10-702 form with your closing records, since it documents what the seller said they knew about the home at the time of sale.
Common questions
Does a Maryland §10-702 Disclaimer mean the seller can legally hide problems?
Do I still need a home inspection if the seller filled out the Disclosure side of the §10-702 form?
What is a 'latent defect' under Maryland §10-702?
Does an investor or flipper have to provide the §10-702 form if they never lived in the house?
Are new construction homes covered by the Maryland §10-702 disclosure form?
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