Maryland real estate transactions are governed by state statutes, regulations, and local requirements, with a key law being Maryland Real Property §10-702, which mandates specific disclosures from sellers. Under this law, sellers of residential property with four or fewer units must provide either a Residential Property Disclosure Statement or a Disclaimer Statement. Even when using a Disclaimer, Maryland law requires sellers to disclose known latent defects that a buyer would not reasonably discover and that pose a direct threat to health or safety. While the disclosure form addresses radon, Maryland does not generally require sellers to obtain a radon test before selling property.
What Buyers, Sellers, Landlords and Real Estate Investors Need to Know
Buying, selling, renting or investing in Maryland real estate involves a number of state and local laws. Maryland real estate transactions are governed by state statutes, regulations, county and municipal requirements, and rules administered by agencies such as the Maryland Real Estate Commission.
This guide provides a practical overview of important Maryland real estate laws affecting residential buyers, sellers, landlords, tenants, investors and real estate professionals.
Because Maryland counties and municipalities may impose additional requirements, buyers and sellers should also determine whether local laws apply to their particular property.
Important: This page is provided for general informational purposes and is not legal advice. Maryland real estate laws and local requirements can change. When a transaction involves a legal dispute, unusual ownership, estate issues, development, zoning, tenant rights or other legal matters, consult a qualified Maryland attorney.
1. Maryland Residential Property Disclosure and Disclaimer
One of the most important Maryland residential real estate laws is Maryland Real Property §10-702.
The law generally applies to single-family residential real property improved by four or fewer single-family units.
The seller must provide the buyer with either:
- A Maryland Residential Property Disclosure Statement, or
- A Maryland Residential Property Disclaimer Statement.
The Maryland Real Estate Commission provides the standardized form used for these disclosures.
Disclosure versus Disclaimer
Maryland gives sellers an important choice.
A seller may elect to provide a Disclosure Statement, in which the seller discloses defects and other information about the property’s physical condition that the seller actually knows.
Alternatively, the seller may provide a Disclaimer Statement.
Under the disclaimer, the seller generally states that the property is being sold “as is” and makes no representations or warranties about the condition of the property, except that the seller must still disclose certain latent defects of which the seller has actual knowledge.
What is a latent defect?
Maryland law defines a latent defect as a material defect that:
- A purchaser would not reasonably be expected to discover through a careful visual inspection; and
- Poses a direct threat to the health or safety of the purchaser or an occupant.
A seller must disclose a known qualifying latent defect even when the seller elects to use the Disclaimer Statement.
2. What Must a Maryland Seller Disclose?
If the seller chooses the Residential Property Disclosure Statement, the form addresses information actually known by the seller concerning numerous aspects of the property.
These include:
- Water and sewer systems
- Household water source
- Water treatment systems
- Sprinkler systems
- Insulation
- Roof
- Walls
- Floors
- Foundation
- Basement
- Plumbing
- Electrical systems
- Heating and air conditioning
- Wood-destroying insect infestation
- Land-use matters
- Asbestos
- Lead-based paint
- Radon
- Underground storage tanks
- Licensed landfills
- Other material defects
- Smoke alarms
- Carbon monoxide alarms when applicable
The law specifically states that the seller is not required to conduct an independent investigation or inspection in order to make the disclosures.
3. Does Maryland Require a Seller to Get a Radon Test?
Generally, no.
Maryland’s statewide residential disclosure law requires radon to be addressed as part of the disclosure information when the seller elects the Disclosure Statement, but it does not generally require the seller to obtain a radon test before selling the property.
The law specifically states that the seller is not required to undertake an independent investigation or inspection to make the required disclosures.
Important: Local Maryland Requirements
Maryland law allows counties and municipalities to enact certain requirements that may be more stringent than statewide requirements.
Therefore, a Maryland real estate transaction should always be reviewed for applicable county and municipal requirements.
For example, Montgomery County has additional radon requirements affecting certain residential sales.
A Maryland seller should not assume that the statewide rule is the only requirement that applies.
4. When Must the Seller Provide the Disclosure or Disclaimer?
The seller generally must deliver the completed Maryland Residential Property Disclosure or Disclaimer Statement to the purchaser on or before entering into the contract of sale.
The purchaser is required to acknowledge receipt.
If the seller fails to provide the required statement within the time required by law, Maryland law can provide the purchaser with a right to rescind the contract under specified circumstances.
This makes the disclosure/disclaimer an important part of the contract process rather than something that should simply be handled at settlement.
5. Properties Exempt from the Maryland Disclosure Law
The Maryland statute contains several exemptions.
Among other things, the law generally does not apply to certain:
- New, never-occupied homes
- Recently issued certificates of occupancy
- Foreclosure sales
- Sheriff’s sales
- Tax sales
- Court-appointed trustee sales
- Certain lender-owned properties
- Certain estate, trust, guardianship and conservatorship transfers
- Transfers where the property will be demolished or converted to a nonresidential use
- Sales of unimproved land
The exact statutory requirements and exemptions should be reviewed for each transaction.
6. Maryland Home Inspections
Maryland does not generally require every residential seller to obtain a home inspection before selling a property.
A buyer may choose to have a professional home inspection.
Maryland regulates home inspectors, and a home inspection must meet the applicable statutory and regulatory requirements, including being performed for compensation by a licensed home inspector and providing a written evaluation of the required readily accessible components.
Seller Disclosure Is Not a Home Inspection
Maryland law specifically recognizes that the seller’s disclosure is not a substitute for an independent home inspection.
A buyer should consider obtaining an independent inspection even when the seller has provided a detailed disclosure.
7. Lead-Based Paint Requirements
Lead-based paint is an important issue in Maryland, particularly for older homes.
Federal law generally requires sellers and landlords of most residential properties constructed before 1978 to provide required lead-based paint disclosures.
The seller must disclose known information about lead-based paint and lead hazards and provide available records and reports relating to lead.
The federal disclosure requirements generally do not require the seller to conduct or pay for a lead inspection or risk assessment simply because the property is being sold.
Buyers generally receive an opportunity to conduct their own lead-based paint inspection or risk assessment under the federal requirements.
Maryland transactions involving older housing should therefore address both applicable federal and Maryland requirements.
8. Real Estate Agency and Brokerage Relationships
Maryland regulates the relationship between real estate licensees and consumers.
Maryland’s required brokerage relationship disclosure explains whom a real estate agent represents and the duties associated with the brokerage relationship.
Maryland licensees must follow applicable disclosure, confidentiality and agency requirements.
The Maryland Real Estate Commission states that licensees must not discriminate in offering properties, must promptly present written offers and counteroffers, and must answer questions truthfully.
Maryland licensees also have obligations concerning material facts relating to property.
Confidentiality
Maryland law also addresses confidential information obtained from prospective clients in anticipation of establishing a brokerage relationship.
A licensee generally may not disclose confidential information obtained from a prospective client unless the prospective client consents in writing, subject to applicable exceptions.
9. Maryland Fair Housing Laws
Federal and Maryland fair housing laws prohibit discrimination in housing transactions.
Real estate professionals, landlords and property owners must comply with applicable federal, state and local fair housing requirements.
Fair housing laws can affect:
- Property advertising
- Buyer and tenant screening
- Rental applications
- Property showings
- Negotiations
- Financing-related practices
- Terms and conditions of housing
- Refusal to rent or sell
Maryland also provides protections beyond the federal Fair Housing Act in certain circumstances.
Property owners and real estate professionals should use care when creating advertisements and communicating with prospective buyers and tenants.
10. Maryland Condominium and HOA Sales
Purchasing a condominium or property within a homeowners association involves additional documentation and due diligence.
Depending on the property, buyers may need to review:
- Declaration
- Bylaws
- Rules and regulations
- Budget
- Financial statements
- Reserve information
- Insurance
- Current assessments
- Special assessments
- Pending litigation
- Association fees
- Restrictions and covenants
- Architectural requirements
Maryland condominium and HOA laws can impose disclosure requirements on sellers and associations.
A buyer should carefully review association documents before the applicable contractual deadlines expire.
11. Maryland New Construction and Development
New construction transactions can involve substantially different requirements from the sale of an existing home.
Important issues can include:
- Building permits
- Certificate of occupancy
- Building codes
- Zoning
- Site plans
- Stormwater requirements
- Environmental restrictions
- Builder warranties
- Homeowner association requirements
- Subdivision approvals
- Public utilities
- Road and access requirements
A buyer considering new construction should perform appropriate due diligence and review the builder’s contract carefully.
12. Maryland Zoning and Land Use
Maryland real estate is subject to local zoning and land-use regulations.
Unlike some states where zoning is primarily controlled at the state level, Maryland’s counties and municipalities play a major role in determining permitted property uses.
Before purchasing an investment property, an investor should verify:
- Zoning classification
- Permitted uses
- Number of legal dwelling units
- Accessory dwelling units
- Setbacks
- Parking requirements
- Building height
- Lot coverage
- Subdivision restrictions
- Historic preservation restrictions
- Floodplain requirements
- Environmental restrictions
The fact that a particular use currently exists does not necessarily mean that the use is legally permitted.
13. Maryland Rental Property Laws
Maryland landlords must comply with state and local landlord-tenant requirements.
Depending on the property and jurisdiction, requirements can involve:
- Rental licenses
- Housing inspections
- Security deposits
- Leases
- Notices
- Rent increases
- Eviction procedures
- Habitability requirements
- Lead requirements
- Tenant protections
- Fair housing
- Local rental registration
Baltimore City, Montgomery County, Prince George’s County and other Maryland jurisdictions may have additional rules beyond statewide requirements.
Landlords should determine the requirements applicable to the specific property’s jurisdiction.
14. Maryland Security Deposits
Maryland law regulates residential security deposits.
Important issues include:
- Maximum security deposit
- How the deposit must be held
- Interest requirements
- Required inspections
- Notice requirements
- Return of the deposit
- Permitted deductions
Landlords should use a written lease and carefully document the condition of the property when tenants move in and out.
Because Maryland law and local requirements can change, landlords should verify the current requirements before withholding any portion of a tenant’s security deposit.
15. Maryland Property Taxes
Maryland property taxes consist of state, county and, where applicable, municipal components.
Property tax rates can vary significantly between Maryland jurisdictions.
Homeowners may qualify for various property tax programs or credits depending on their circumstances.
Examples may include:
- Homestead-related tax relief
- Homeowner tax credits
- Senior tax programs
- County-specific tax credits
Homeowners should verify eligibility and application requirements with the Maryland State Department of Assessments and Taxation and the applicable county.
16. Maryland Homestead Property Tax Credit
The Maryland Homestead Property Tax Credit is designed to limit the amount by which a homeowner’s taxable assessment can increase from one year to the next.
The credit applies to qualifying owner-occupied principal residences.
Homeowners should verify that their property is properly designated as their principal residence and that they have completed any required application or certification.
17. Maryland Transfer and Recordation Taxes
Maryland real estate transactions can involve:
- State transfer tax
- County or local transfer taxes
- Recordation tax
The allocation of these costs between buyer and seller can depend on the contract and applicable local practice.
In addition, certain exemptions or special rules may apply depending on the type of transaction.
The parties should review the estimated settlement statement before closing so they understand the taxes and fees being charged.
18. Maryland Real Estate Licensing
Real estate brokers and salespersons practicing in Maryland must be properly licensed by the Maryland Real Estate Commission.
Maryland regulates:
- Brokers
- Associate brokers
- Salespersons
- Branch offices
- Property managers
- Brokerage relationships
- Advertising
- Continuing education
- Trust accounts
- Consumer disclosures
The Maryland Real Estate Commission provides official forms and information for consumers and licensees.
19. Advertising Maryland Real Estate
Real estate advertising must comply with Maryland law and Maryland Real Estate Commission requirements.
Advertising should not contain false, misleading or deceptive information.
Licensees should also ensure that advertising properly identifies the brokerage and complies with applicable Maryland requirements.
The Maryland Real Estate Commission has issued guidance concerning the use of statutory license categories in advertising.
20. Buying Maryland Investment Property
Investors purchasing Maryland rental or multifamily property should conduct additional due diligence.
Important areas include:
What Physical Conditions Should You Inspect When Buying Maryland Investment Property?
- Roof
- Foundation
- HVAC
- Plumbing
- Electrical
- Sewer
- Water
- Environmental conditions
- Lead
- Radon
- Mold
- Structural issues
What Legal Status Aspects Should You Verify for Maryland Investment Property?
- Zoning
- Legal number of units
- Certificates of occupancy
- Building permits
- Housing violations
- Rental licenses
- Code violations
- Pending litigation
What Tenant Information is Crucial When Buying Maryland Investment Property?
- Existing leases
- Rent roll
- Security deposits
- Tenant payment history
- Notices
- Pending disputes
- Local tenant protections
What Financial Information Should You Analyze for Maryland Investment Property?
- Property taxes
- Insurance
- Utilities
- Maintenance
- Capital expenditures
- Management expenses
- Current rental income
A property that appears to be a good investment based solely on its purchase price and rental income can have significant hidden costs if its legal or physical condition has not been properly investigated.
21. Does Maryland Require a Radon Test?
Generally, no statewide law requires every residential seller to obtain a radon test before selling a home.
However, Maryland’s Residential Property Disclosure Statement specifically addresses radon as a hazardous or regulated material.
If the seller elects to use the Disclosure Statement, the seller must disclose information within the scope of the form that is actually known to the seller.
The seller is not generally required to conduct an independent radon inspection simply to complete the disclosure.
Important: Some Maryland counties or municipalities may have additional requirements. Montgomery County is one example where local radon requirements can affect certain residential sales.
22. Does Maryland Require a Home Inspection?
No, Maryland does not generally require every residential seller to obtain a home inspection before selling a property.
A buyer can elect to obtain an independent inspection.
Maryland law specifically advises purchasers that the seller’s disclosure is not a substitute for an independent home inspection.
23. Does Maryland Require a Seller Disclosure?
Yes, for covered residential properties, but Maryland gives the seller a choice between a Disclosure Statement and a Disclaimer Statement.
The law generally applies to single-family residential property containing four or fewer single-family units, subject to statutory exemptions.
The seller must provide the appropriate statement on or before entering into the contract of sale.
24. Frequently Asked Questions About Maryland Real Estate Law
Does Maryland require a seller disclosure?
Yes. For covered residential property, the seller must provide either a Residential Property Disclosure Statement or Residential Property Disclaimer Statement, subject to statutory exemptions.
Can a Maryland seller sell a house “as is”?
Yes. Maryland provides a Residential Property Disclaimer Statement that generally allows the seller to sell the property “as is.”
However, a seller cannot use the disclaimer to avoid disclosing a qualifying latent defect of which the seller has actual knowledge.
Does “as is” mean the seller can hide defects?
No.
“As is” does not eliminate the seller’s obligation to disclose qualifying latent defects that the seller actually knows about.
Does the Maryland seller have to get a home inspection?
Generally, no.
The seller is not required to obtain an independent inspection simply to complete the Maryland disclosure or disclaimer.
Does Maryland require a radon test?
Generally, no statewide requirement applies to every residential sale.
However, radon is specifically included among the hazardous or regulated materials addressed by Maryland’s disclosure law, and local jurisdictions may impose additional requirements.
Does Maryland require lead-paint disclosure?
Yes, applicable federal lead-based paint disclosure requirements generally apply to residential properties constructed before 1978.
Can a buyer waive Maryland disclosure rights?
Maryland law places limits on waiver of the statutory purchaser rights. Contract language attempting to waive rights provided by §10-702 may be void.
Does Maryland require a home inspection for a mortgage?
That is different from the state’s seller disclosure law. A lender may have its own property or appraisal requirements, but that does not mean Maryland requires every seller to obtain a home inspection.
Do Maryland counties have their own real estate requirements?
Yes.
This is extremely important.
Maryland counties and municipalities can impose requirements that are different from or more stringent than statewide requirements.
Always check the specific county where the property is located.
Are Baltimore City and Baltimore County the same for real estate law?
No.
Baltimore City is an independent city and has its own governmental structure and local regulations. Baltimore County has separate county regulations.
Are Montgomery County real estate laws different?
Yes.
Montgomery County has a number of local housing, rental, environmental and real estate requirements that can differ from other Maryland jurisdictions.
Does Prince George’s County have additional requirements?
Yes.
Local requirements can apply to rental properties, housing conditions, zoning and other real estate matters.
Should I use a Maryland real estate attorney?
A real estate attorney can be particularly useful when a transaction involves complex title issues, estates, trusts, development, zoning, litigation, tenant disputes, unusual contract provisions or other legal matters.
Maryland Real Estate Laws by County
Maryland has 23 counties plus Baltimore City, and local requirements can vary substantially.
For Netrealtynow.com, we recommend creating separate local law pages for the major markets you serve.
What are the Specific Real Estate Laws for Montgomery County, Maryland?
Topics should include:
- Residential sales
- Radon
- Rental housing
- Landlord-tenant requirements
- Lead
- Zoning
- Multifamily properties
- Housing inspections
What are the Specific Real Estate Laws for Prince George’s County, Maryland?
Topics should include:
- Residential sales
- Rental requirements
- Lead
- Housing regulations
- Zoning
- Multifamily properties
What are the Specific Real Estate Laws for Baltimore County, Maryland?
Topics should include:
- Residential sales
- Rental requirements
- Zoning
- Housing codes
- Lead
- Multifamily properties
What are the Specific Real Estate Laws for Howard County, Maryland?
Topics should include:
- Residential sales
- Rental properties
- Zoning
- Building requirements
- Environmental regulations
What are the Specific Real Estate Laws for Anne Arundel County, Maryland?
Topics should include:
- Residential sales
- Waterfront property
- Septic systems
- Well water
- Critical areas
- Zoning
- Rental properties
Maryland Real Estate Services
Buying or selling Maryland real estate requires an understanding of both state law and local requirements.
Netrealtynow.com provides real estate brokerage and flat-fee MLS services for Maryland property owners and buyers.
Whether you are selling a Maryland home, purchasing an investment property, or evaluating a multifamily property, understanding the applicable disclosure, inspection, zoning, environmental and transaction requirements can help you avoid costly surprises.
Contact Netrealtynow.com to discuss your Maryland real estate needs.
Official Maryland Real Estate Resources
For the most current laws, regulations and forms, consumers and real estate professionals should consult official Maryland government resources.
Maryland Real Property §10-702 – Residential Property Disclosure/Disclaimer
Maryland’s official statute governing residential property disclosure and disclaimer requirements.
Maryland Real Estate Commission
The Maryland Real Estate Commission provides official forms, consumer information, licensing information and regulatory guidance.
Maryland Residential Property Disclosure/Disclaimer Form
The Maryland Real Estate Commission provides the standardized disclosure and disclaimer form required under Maryland law.
Maryland Home Inspectors
Maryland regulates home inspectors and establishes minimum standards for home inspections.
Important Disclaimer
This page is intended for general educational and informational purposes only. It is not legal, tax, engineering, environmental or other professional advice.
Maryland real estate laws and regulations can change, and individual properties may be subject to county or municipal requirements in addition to state law.
Before relying on information contained on this page for a specific transaction, buyers, sellers, landlords and investors should verify the current requirements applicable to the property and consult an appropriately licensed professional when necessary.
Last reviewed: August 2026