Disclosure or Disclaimer? Understanding the Maryland Seller Form

By Dawn Riley, Associate Broker, Realtor and Master Certified Negotiator | Published July 20, 2026

A disclaimer does not make the property problem-free, and a disclosure does not turn the seller into an inspector. Both sides still have work to do.

Calvert County real estate is rarely one-size-fits-all. Property type, private systems, waterfront conditions, location and contract terms can change the answer. The goal is to identify what matters, verify it and make a decision with the complete picture.

Read the Actual Form

The selected option and completed answers matter. Do not rely on an MLS shorthand or someone’s verbal description of the form.

Understand the Difference

Disclosure supplies seller knowledge about listed conditions. Disclaimer limits those detailed representations but does not authorize concealment of required material information.

Investigate Independently

Inspections, permits, well and septic records, invoices and title documents may reveal facts beyond the seller’s knowledge.

Answer Carefully

Sellers should use actual knowledge, avoid guessing and provide supporting records when available. Clear explanations reduce later disputes.

Connect the Form to the Contract

Inspection rights, repairs and settlement obligations come from the signed agreement. The disclosure form informs the transaction but does not replace the contract.

Frequently Asked Questions

Does a Maryland disclaimer mean the seller knows about defects?

Not necessarily. A disclaimer should not be treated as proof of a hidden problem, but buyers should still complete careful due diligence.

Can a seller hide a known material defect by using a disclaimer?

No. A disclaimer is not permission to conceal information that Maryland law requires to be disclosed.

Does the disclosure replace a home inspection?

No. The seller reports actual knowledge, while an inspection evaluates accessible systems and conditions.

What should a seller do when unsure about an answer?

The seller should avoid guessing, review records and seek appropriate professional or legal guidance when necessary.

What should a buyer do when the form conflicts with an inspection?

Ask questions, gather documentation and evaluate the condition under the contract with the appropriate professionals.