Maryland As-Is Disclosure Law: What Sellers Must Share

The Short Answer

Selling your Maryland home as-is does not exempt you from disclosure requirements. State law still requires you to tell buyers about known material defects—things that affect the home's value or safety. The "as-is" part means you won't make repairs. It does not mean you can stay silent about problems you already know about. Skipping required disclosures can expose you to lawsuits long after closing.

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What "As-Is" Actually Means in Maryland

A lot of sellers hear "as-is" and assume it's a legal shield. It isn't—at least not completely.

When you sell as-is, you're telling the buyer: I won't fix anything before closing. That's a fair position. Maybe the house needs a new roof. Maybe the HVAC is original to 1987. Maybe there's old water damage you never repaired. Selling as-is puts the buyer on notice that what they see is what they get.

But Maryland law draws a clear line. You can refuse to make repairs. You cannot refuse to disclose what you know.

The Maryland Residential Property Disclosure and Disclaimer Act governs this. It gives sellers two paths:

1. Complete a Disclosure Statement — You answer specific questions about the property's condition based on your actual knowledge.
2. File a Disclaimer Statement — You tell the buyer you make no representations about the property's condition at all.

Many sellers assume the Disclaimer Statement is a blank check to say nothing. It's not. Even with a Disclaimer, certain disclosures are required by separate Maryland laws regardless of which form you choose.

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Disclosures Required No Matter What

Even if you file a Disclaimer Statement, Maryland law requires you to disclose specific issues. These aren't optional. They come from separate statutes that exist independent of the Disclosure Act.

Lead paint. If your home was built before 1978, federal law requires a lead paint disclosure. Maryland has its own lead paint compliance law on top of that. Sellers of pre-1978 homes must give buyers the EPA pamphlet on lead hazards, disclose any known lead paint or lead paint hazards, and provide records if you have them. Maryland also requires that rental properties meet specific lead paint standards before they can be leased, but for a sale, disclosure and the buyer's right to test are the key obligations.

Ground rent. If your property carries a ground rent—common with older Baltimore City and Baltimore County rowhomes—you must disclose it. Ground rent is a recurring annual payment to a third party who holds the actual ownership of the land beneath your home. Buyers have a right to know this exists before they close. Failing to disclose ground rent has caused real legal problems for Maryland sellers.

Latent defects. Maryland courts have long held that sellers cannot stay silent about hidden defects they know about—even under a Disclaimer Statement. A latent defect is something that isn't visible during a normal walkthrough but that you, as the owner, are aware of. A history of flooding in the basement that dries out between rain events. A structural crack that was patched cosmetically. A sewer line that backs up seasonally. If you know about it, you have to say something.

Bay Restoration Fund and MDE notices. If your property has a septic system or is subject to certain environmental orders, additional state disclosures may apply.

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The Disclosure Statement vs. the Disclaimer Statement

Understanding the difference between these two forms matters, especially if you're selling an older or distressed property.

The Disclosure Statement requires you to go through a checklist of property conditions—roof, foundation, plumbing, electrical, HVAC, water intrusion, and more—and answer based on your actual knowledge. You're not guaranteeing anything. You're simply sharing what you know. If you genuinely don't know whether the crawl space has moisture issues, you can indicate that. If you know it does, you have to say so.

The Disclaimer Statement tells the buyer the seller makes no representations about the property. It shifts more due-diligence responsibility to the buyer. This option is commonly used in estate sales, foreclosures, and situations where the seller has limited firsthand knowledge of the home's condition—such as an heir who inherited a property they never lived in.

But here's what a lot of sellers miss: filing a Disclaimer does not eliminate your duty to disclose latent defects you actually know about. Courts have ruled that a Disclaimer doesn't protect a seller who knew about a serious problem and said nothing. The Disclaimer just sets the buyer's expectation that no general warranty is being made.

If you're navigating an inherited property or a probate sale, this distinction matters a lot. You can learn more about how the process works at /how-it-works/.

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Common Problem Areas in Maryland As-Is Sales

Certain issues come up again and again in Maryland disclosure disputes. If any of these apply to your property, you need to address them carefully.

Water intrusion and basement flooding. Maryland has a lot of older housing stock—rowhomes in Baltimore City, cape cods and colonials in the counties—and water in basements is extremely common. If your basement has flooded, even once, disclose it. Courts don't sympathize with sellers who stayed quiet about water damage.

Unpermitted work. If a previous owner—or you—added a bathroom, finished a basement, or added electrical circuits without pulling permits, that's a material fact. Buyers may face code issues, insurance problems, or required teardowns after closing if they discover unpermitted work.

Mold. Maryland doesn't have a standalone mold disclosure statute, but known mold is a latent defect. If you've had mold remediated, or if you're aware of active mold, you should disclose it.

Tax sale status. If your property has unpaid taxes and is at risk of—or has been placed in—tax sale, that's a material encumbrance. It must be disclosed and resolved as part of the transaction.

Rowhome-specific issues. Baltimore City rowhomes often have shared walls, shared rear alleys, and aging infrastructure. If you know about party wall disputes, structural issues with adjoining properties that affect yours, or ongoing city violations, those facts belong in the disclosure.

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What Happens If You Don't Disclose

Skipping required disclosures in Maryland is not a minor oversight. The consequences can follow you well past settlement.

A buyer who discovers an undisclosed defect can sue for fraud, misrepresentation, or violation of the Maryland Consumer Protection Act. They may seek the cost of repairs, or in serious cases, rescission of the entire sale—meaning the transaction gets unwound.

Maryland courts have awarded damages to buyers in cases where sellers knew about problems and stayed quiet. The legal standard isn't whether the problem was obvious. It's whether you knew and failed to say.

Selling to a cash buyer doesn't eliminate this responsibility either. At Impact Home Team, we buy homes as-is throughout Baltimore County, Baltimore City, Anne Arundel, Howard, Carroll, and Harford counties. We handle inspections ourselves and don't ask sellers to make repairs. But we do ask sellers to be honest about what they know. That protects everyone. You can read through common seller questions at /faq/.

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Selling As-Is to a Cash Buyer: What Changes

When you sell to a cash buyer instead of a traditional buyer, the process is simpler—but your disclosure obligations don't disappear.

Here's what does change:

• No repair requests after inspection
• No financing contingencies that could kill the deal
• No buyer's agent pushing for credits
• A faster closing—often 2-4 weeks
• No need to prep the home, stage it, or list it

Here's what stays the same:

• Your duty to disclose known material defects
• Ground rent disclosure requirements
• Lead paint disclosures for pre-1978 homes
• Accurate representation of title and tax status

Cash buyers absorb the cost of problems. That's priced into the offer. A fair cash offer on a distressed Maryland home will typically come in at 65-75% of what the property would sell for in fully repaired condition. That gap accounts for repair costs, holding time, and the risk the buyer is taking on. Any company claiming to offer "top dollar" as-is is either inflating expectations or planning to revise the number later.

Being upfront about what you know doesn't hurt your offer. It prevents problems at—and after—the closing table.

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A Practical Checklist Before You Sign Anything

Before you sell your Maryland home as-is—to any buyer—go through this mentally:

• Do I know of any water intrusion, flooding, or moisture issues?
• Has the home ever had mold, pest infestation, or structural movement?
• Is there a ground rent on this property?
• Was the home built before 1978? (Lead paint disclosure required.)
• Has any work been done without permits?
• Are there any open city or county code violations?
• Are property taxes current, or is the home in or near tax sale?
• Do I have limited knowledge because I inherited the property? (Consider using the Disclaimer Statement.)

Answering these honestly—with help from a Maryland real estate attorney if needed—protects you far more than silence ever will.