Published August 16, 2026
Disclosure or Disclaimer in Maryland? Sellers Still Need to Tell the Truth
Disclosure or Disclaimer in Maryland? Sellers Still Need to Tell the Truth
By Dawn Riley, Associate Broker, Realtor and Master Certified Negotiator
Do not guess, minimize or hide. Answer from actual knowledge, gather records when useful and discuss unclear facts with your agent and attorney before the property goes active.
The smartest next step is to organize the facts early. Property details, written terms and timing all matter, and a local strategy can prevent a small assumption from becoming a closing-day problem.
Choose the proper form for the transaction
Maryland uses a combined disclosure and disclaimer form, but eligibility and exceptions depend on the sale. Sellers should not select a section casually.
A disclaimer does not erase every duty
Known latent defects that meet Maryland’s statutory standard still require disclosure. Hiding a serious issue creates risk long after closing.
Facts are stronger than guesses
Use actual knowledge, receipts, permits and warranties. If a date or condition is unknown, say that rather than turning an estimate into a representation.
Coordinate the form with the listing strategy
Inspection decisions, repair records and marketing statements should tell one consistent, accurate story about the property.
Questions Buyers and Sellers Ask
Is a disclaimer available in every Maryland sale?
No. Statutory exceptions apply, so the seller should confirm which form and rules fit the transaction.
What must still be revealed when a disclaimer is used?
No. Known latent defects posing a direct health or safety threat still must be disclosed as required by Maryland law.
How should a seller answer an unknown system age?
No. State what is known, provide records when available and avoid presenting estimates as facts.
Which repair documents are worth gathering?
Yes. Receipts, warranties and permits can clarify what was repaired, when it was done and by whom.
Why does the buyer still need an inspection?
No. Buyers should still perform appropriate inspections and due diligence.