Maryland Seller Disclosure Requirements | MD Code Real Property §10-702 Guide

Key Information

Maryland's Residential Property Disclosure Statement (MD Code Real Property §10-702) requires residential sellers to complete and deliver a standard disclosure form to buyers before any contract of sale. The Maryland standard form covers property condition categories including structural components, plumbing, electrical, HVAC, water supply and sewage, environmental hazards, and known code violations. Unlike Virginia's buyer-beware framework, Maryland requires sellers to affirmatively disclose known material defects. Maryland also requires a separate lead paint disclosure for pre-1978 homes under MD Environment Code §6-819 — which goes beyond the federal 42 U.S.C. §4852d requirement. BuildMyListing helps Maryland agents document all required disclosure categories and produce a compliant listing package.

Pricing: Starting $99/month

Time Required: Complete disclosure documentation in one workflow

The Problem

Maryland agents must ensure sellers complete the state-standard disclosure form BEFORE any contract is ratified — not at settlement. A seller's failure to complete the form or an agent's failure to deliver it can expose both the seller and the listing agent to post-closing liability under MD Code Real Property §10-702.

The Solution

BuildMyListing helps Maryland listing agents walk sellers through all required disclosure categories, document responses with timestamps, flag the lead paint overlay for pre-1978 homes, and generate a complete listing package — enhanced photos, MLS description, and compliance documentation — in one workflow.

Key Features

Maryland Standard Disclosure Form Documentation

Maryland's Residential Property Disclosure Statement (required under MD Code Real Property §10-702) covers property condition in categories including structural components (roof, foundation, exterior walls), plumbing, electrical, HVAC, water supply type (public/well), sewage type (public/septic), environmental hazards, and known code violations. BuildMyListing documents seller responses to each category with timestamps.

Benefit: Complete MD Code Real Property §10-702 coverage before contract ratification

Maryland Lead Paint Disclosure

Maryland's lead paint law (MD Environment Code §6-819 et seq.) applies to pre-1978 housing and is more extensive than the federal standard. Maryland requires sellers to either reduce lead paint hazards to an 'unimpaired' standard or obtain a waiver from the buyer. This is separate from the federal Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d). BuildMyListing flags pre-1978 construction and includes both the Maryland-specific and federal lead paint requirements.

Benefit: Dual Maryland and federal lead paint compliance for pre-1978 homes

Water Supply and Sewage Documentation

Maryland has a significant inventory of homes on private wells and septic systems — particularly in rural counties like Frederick, Carroll, Cecil, and Washington. The disclosure form requires sellers to disclose water supply type, well condition, septic system type, and known system defects. These are among the most litigated disclosure categories in Maryland post-closing claims.

Benefit: Well and septic disclosure documented — Maryland's most litigated post-closing categories

Code Violation and Permit History

Maryland's disclosure requires sellers to disclose known code violations and unpermitted work. With many older Maryland homes in Baltimore City, Prince George's County, and Montgomery County, permit and code history is a significant factor. BuildMyListing prompts for permit documentation and flags known violations for disclosure.

Benefit: Code violation and permit history documented before listing

How It Works

Enter Property Details

Input property address, construction year, water supply type (public/private well), and sewage type (public/private septic). BuildMyListing flags pre-1978 construction for Maryland and federal lead paint overlay and identifies rural county properties where well and septic documentation is most critical.

Document All Disclosure Categories with Seller

Walk through the Maryland standard disclosure form categories with your seller. BuildMyListing captures responses with timestamps, with specific prompts for the water/sewage and environmental hazard sections. Lead paint status is addressed through the Maryland-specific flow for pre-1978 properties.

Download Listing Package with Disclosure Record

Download the full listing package: enhanced photos, Bright MLS-compatible description, and a timestamped disclosure documentation record for the broker file — all ready before the listing goes live.

Compliance Reference

MD Code Section	Disclosure Category	Key Items	Notes
Real Property §10-702	Residential Property Disclosure Statement	Full standard form — all categories	Must be delivered to buyer before any contract of sale. Maryland Real Estate Commission publishes the standard form. Seller certifies to the best of their knowledge.
Real Property §10-702	Structural components	Roof, foundation, exterior walls, windows, doors	Known structural defects must be disclosed. Foundation issues and roof condition are among the most frequently litigated categories in Maryland.
Real Property §10-702	Water supply	Public water vs. private well; well age and condition	Private well condition, water test history, and any known quality issues must be disclosed. Maryland has extensive rural and exurban housing on private wells.
Real Property §10-702	Sewage disposal	Public sewer vs. septic; system condition	Private on-lot septic system condition, capacity, and known defects must be disclosed. Maryland requires septic systems to comply with COMAR Title 26 — known violations must be disclosed.
Real Property §10-702	Environmental hazards	Hazardous substances, underground storage tanks, flood zone	Known environmental hazards including asbestos, radon, USTs, and flood zone status must be disclosed.
Environment Code §6-819 et seq.	Maryland Lead Paint Disclosure	Pre-1978 homes — lead hazard reduction or buyer waiver	Maryland's lead paint law goes beyond the federal standard. Applies to pre-1978 rental AND owner-occupied housing. Sellers must document lead hazard reduction or obtain a written buyer waiver. Separate from 42 U.S.C. §4852d.
42 U.S.C. §4852d	Federal Lead-Based Paint Disclosure	Pre-1978 construction — baseline federal requirement	Federal EPA/HUD requirement applying to all pre-1978 residential housing. Maryland's state law (§6-819) is additive to, not a replacement for, the federal rule.

Common Use Cases

Montgomery County Colonial — Pre-1978 Construction

Scenario: Agent listing a 1965 Montgomery County colonial. Pre-1978 construction triggers both Maryland lead paint law (MD Environment Code §6-819) and federal lead paint disclosure (42 U.S.C. §4852d). Seller has no records of lead testing.

Process: Pre-1978 flagged → Maryland lead paint flow: seller options explained (hazard reduction or buyer waiver) → Federal lead paint addendum added → Standard disclosure form completed → Listing package generated

Compliance: Dual Maryland and federal lead paint requirements addressed; disclosure delivered before contract

Frederick County Farmhouse with Well and Septic

Scenario: Agent listing a 2001 Frederick County farmhouse on private well and septic. Last well test: 2022 (passed); septic pumped: 2023 (no issues). Rural Maryland with no code violations or known environmental hazards.

Process: Well and septic type documented → Test/service history recorded → Environmental hazard section cleared → Standard disclosure completed → Listing package generated

Compliance: Water supply and sewage disclosure categories completed per MD Real Property §10-702 before contract

Frequently Asked Questions

What is Maryland's Residential Property Disclosure Statement?

Maryland's Residential Property Disclosure Statement (required under MD Code Real Property §10-702) is a standard form that residential sellers must complete and deliver to buyers before any contract of sale is signed. Unlike Virginia's buyer-beware form, Maryland's disclosure requires sellers to affirmatively answer questions about property condition across multiple categories: structural components, water and sewage systems, HVAC, plumbing, electrical, environmental hazards, and known code violations. The Maryland Real Estate Commission publishes the standard form. Sellers certify their responses to the best of their knowledge.

When must the Maryland disclosure form be delivered?

The Maryland disclosure form must be delivered to the buyer BEFORE any contract of sale is ratified. If a seller fails to provide the form and the buyer proceeds without it, the buyer retains the right to rescind the contract before settlement under MD Code Real Property §10-702. Agents should ensure the disclosure is completed by the seller and delivered to prospective buyers with the listing materials — not at or after contract signing.

What transactions are exempt from Maryland's disclosure requirement?

MD Code Real Property §10-702 exempts several transaction types: foreclosure and trustee sales; estate transfers where the personal representative has no personal knowledge of property condition; transfers between co-owners; court-ordered transfers; and new construction where the buyer receives a builder's warranty. The foreclosure exemption is widely used in Maryland's significant REO market. However, the federal lead paint disclosure (42 U.S.C. §4852d) and Maryland's lead paint law apply to pre-1978 homes regardless of these exemptions.

How does Maryland's lead paint law differ from the federal requirement?

Maryland's lead paint law (MD Environment Code §6-819 et seq.) is stricter than the federal Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d). Maryland's law applies to pre-1978 residential rental and owner-occupied housing. Sellers must either (a) reduce lead hazards to an 'unimpaired' standard (documented and inspected) or (b) obtain a written waiver from the buyer acknowledging they understand the risk. The federal law requires disclosure of known lead hazards and an inspection right — it does not require hazard reduction or a waiver. Maryland's law is additive to, not a replacement for, the federal standard. Consult a licensed Maryland real estate attorney for guidance on compliance.

Does Maryland require disclosure of radon?

Maryland's standard disclosure form includes questions about environmental hazards including radon. If the seller has had a radon test performed, results should be disclosed. Maryland has moderate radon risk in western and central counties including Frederick, Carroll, and Washington counties. The EPA's radon zone maps show parts of Maryland in Zone 2 (moderate potential). Maryland does not have a specific separate radon disclosure statute — it is addressed within the standard disclosure form's environmental hazard section.

What happens if Maryland disclosure reveals a code violation?

If a seller discloses a known code violation or unpermitted work on the Maryland disclosure form, this becomes part of the negotiated transaction. Buyers can factor it into their offer, request remediation as a contract condition, or accept the property with the disclosed deficiency. Agents should not advise sellers to omit known code violations to avoid complicating the transaction — failure to disclose a known code violation creates post-closing liability under MD Code Real Property §10-702 and potential consumer protection exposure.

How does Maryland disclosure compare to Virginia and Pennsylvania?

Maryland's approach sits between Virginia and Pennsylvania. Virginia uses a buyer-beware framework — sellers make no representations about condition, and buyers inspect for themselves. Pennsylvania requires a detailed 16-category condition report. Maryland requires an affirmative condition disclosure (like Pennsylvania), but the form is slightly less detailed than Pennsylvania's. All three states require federal lead paint disclosure for pre-1978 homes. Maryland has the additional state-level lead paint law (MD Environment Code §6-819) that Pennsylvania and Virginia do not.

Do Maryland agents have an independent disclosure duty?

Yes. Maryland real estate licensees have an independent duty to disclose known material facts to all parties under Maryland REALTORS® Code of Ethics and Maryland Code real estate licensing regulations. Even if a seller fails to disclose a material defect on the §10-702 form, a listing agent who knows about the defect is independently obligated to disclose. Consult a licensed Maryland real estate attorney for guidance on agent disclosure obligations in specific situations.

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Maryland Seller Disclosure Law — Required Property Condition Disclosure Before Every Contract