What Disclosures Do I Need to Sell My House in Bel Air, Maryland?
What Disclosures Do I Need to Sell My House in Bel Air, Maryland?
When you sell a house in Bel Air, Maryland law generally requires you to give the buyer one of two state forms: a Residential Property Disclosure Statement or a Residential Property Disclaimer Statement.
Both are part of the same state form, the Maryland Residential Property Disclosure and Disclaimer Statement.
The disclosure statement asks you about the condition of the home based on what you actually know.
The disclaimer statement says you're selling the home "as is," without representations about its condition, except as provided in the contract.
Either way, Maryland law also requires you to disclose any latent defects you actually know about. That applies even if you're selling "as is."
Depending on your home, other disclosures may apply too, such as:
Federal lead-based paint disclosures for homes built before 1978
Homeowners association disclosures, if your home is in an HOA
Condominium resale disclosures, if you're selling a condo
Certain sales are exempt from the state disclosure requirement, and your contract may include additional forms and addenda.
The simplest way to think about it: be honest, be thorough, and ask questions before you sign.
Jennifer Fitze is a Realtor, Associate Broker with COMPASS in Bel Air, Maryland, helping buyers and sellers throughout Bel Air and Harford County make informed real estate decisions.
What Is the Maryland Residential Property Disclosure and Disclaimer Statement?
It's the standard state form Maryland sellers use to meet the requirements of Section 10-702 of the Real Property Article of the Maryland Code.
The form is published by the Maryland Real Estate Commission. As of October 2026, the current version shows a revision date of August 3, 2026.
The form has two main parts:
The Disclosure Statement, a detailed questionnaire about the home's condition
The Disclaimer Statement, a shorter page for sellers selling "as is"
You complete and sign one or the other.
The buyer signs to acknowledge receiving it.
What's the Difference Between Disclosing and Disclaiming?
This is one of the first decisions you'll make when you list.
If you choose the Disclosure Statement, you answer a list of questions about the home's systems and condition based on your actual knowledge.
You can answer "yes," "no," or "unknown," and add comments.
According to the form, you're not required to hire an inspector or investigate the property to complete it. It's based on your personal knowledge at the time you sign.
If you choose the Disclaimer Statement, you're stating that you're selling the home "as is" and making no representations or warranties about its condition, except as otherwise provided in the contract of sale and in your listing of latent defects.
Neither choice changes your duty to disclose known latent defects.
Which option fits your situation is a conversation to have with your agent, and with a Maryland real estate attorney if you have legal questions.
What Is a "Latent Defect"?
This term matters a lot in Maryland.
Under Section 10-702, latent defects are material defects in the property or an improvement to the property that:
A buyer would not reasonably be expected to discover through a careful visual inspection, and
Would pose a direct threat to the health or safety of the buyer or an occupant, including a tenant or guest
The law requires you to disclose latent defects you have actual knowledge of.
That's true whether you complete the Disclosure Statement or the Disclaimer Statement.
So "as is" does not mean "say nothing."
If you know about a hidden condition that could threaten someone's health or safety, it needs to be disclosed.
What Does the Maryland Disclosure Statement Ask About?
The Disclosure Statement covers a long list of topics. Based on the current state form, it asks about:
How long you've owned the property
Water supply (public, well, or other) and any water supply problems
Sewage disposal (public, septic, or other), and for septic systems, whether it's functioning and when it was last pumped
Heating, air conditioning, and hot water systems
Foundation settlement or other problems
Basement or crawl space moisture, leaks, and sump pumps
Roof leaks, roof type and age, and fire-retardant treated plywood
Other structural systems, including walls and floors
Plumbing, including leaks
Electrical problems with fuses, breakers, outlets, or wiring
Sprinkler systems
Smoke alarms, including whether they meet state requirements
Carbon monoxide alarms, if the home uses fossil fuels
Insulation
Exterior drainage, gutters, and downspouts
Wood-destroying insects, damage, treatments, and warranties
Hazardous or regulated materials, such as asbestos, radon, lead-based paint, oil tanks, propane tanks, underground storage tanks, or other contamination
Whether improvements had the required permits and passed inspections
Zoning violations, nonconforming uses, setback issues, and easements
Whether the property is in a flood zone, conservation area, wetland area, Chesapeake Bay critical area, or designated historic district
HOA or community association restrictions
Restrictions imposed by covenants
Any history of flooding or fire
Any other material defects, including latent defects
That's a lot of ground.
It's worth taking your time with it.
When Do I Have to Give the Buyer the Disclosure or Disclaimer?
Under Section 10-702, the completed statement is generally delivered on or before the buyer enters into the contract of sale.
The buyer signs and dates a receipt, which is included in or attached to the contract.
In practice, many sellers complete the form when they list, so it's ready for buyers and their agents before offers come in.
What Happens If the Buyer Doesn't Get It on Time?
The law gives the buyer a remedy.
Under Section 10-702, a buyer who doesn't receive the statement on or before entering into the contract may have the right to rescind the contract by written notice and receive their deposit back.
That right generally runs until the buyer receives the statement, or within 5 days after receiving it, with additional rules tied to the buyer's mortgage application and to closing or occupancy.
The statute also says this right can't be waived in the contract.
The details matter here, and your contract controls how they apply to your sale.
The practical takeaway is simple: have your form completed and ready before you accept an offer.
Is the Disclosure Statement a Warranty?
No.
Both the form and the statute say the disclosure is not a warranty about conditions you don't have actual knowledge of.
The form also tells buyers, in capital letters, that it is not a substitute for a home inspection.
That's one reason buyers still order inspections, and one reason your answers should reflect what you actually know, not guesses.
If you don't know, "unknown" is an available answer.
If you do know, say so.
Do I Need a Lead-Based Paint Disclosure?
If your home was built before 1978, a federal rule applies in addition to Maryland's form.
Under the federal lead-based paint disclosure rule (40 CFR Part 745, Subpart F), before a buyer is obligated under the contract, the seller must:
Give the buyer an EPA-approved lead hazard information pamphlet, such as "Protect Your Family From Lead in Your Home"
Disclose any known lead-based paint or lead-based paint hazards in the home
Provide any available records or reports about lead-based paint or hazards
Let the agents know about any known lead-based paint information
The rule also gives the buyer an opportunity to have the home inspected or assessed for lead-based paint hazards.
Under 40 CFR 745.110, the default period is 10 days, unless the parties agree in writing to a different period or the buyer waives it in writing.
The rule doesn't require you to test or remove lead-based paint.
It requires you to disclose what you know and share what you have.
Your agent should make sure the correct lead-based paint forms and addenda are part of your contract.
What If My Home Is in an HOA?
If your home is in a homeowners association, Maryland's Homeowners Association Act adds its own disclosure requirements.
Under Section 11B-106 of the Real Property Article, the seller generally provides the buyer with information such as:
Whether the lot is in a development
Current fees and the total fees for the prior fiscal year
Any delinquent charges
Contact information for the HOA's management agent, if any
Known judgments or lawsuits against the association, and pending claims or violation notices against the lot
Copies of the governing documents, including the declaration, bylaws, and rules
These disclosures are generally due on or before entering into the contract, or within 20 calendar days after.
The required contract notice gives the buyer a short window to cancel after receiving the information, depending on when it's delivered.
Requesting HOA documents early can help you avoid delays.
What If I'm Selling a Condo?
Condominium resales have their own rules under Section 11-135 of the Real Property Article.
In general, the unit owner provides the buyer with condominium documents and a certificate from the council of unit owners covering items like fees, assessments, reserves, insurance, and pending litigation.
The statute says these documents are due not later than 15 days before closing.
It also gives the buyer the right to cancel in writing within 7 days after receiving all of the required information.
Because the council has time to prepare its certificate, it helps to request it as soon as you're preparing to list.
Are Any Sales Exempt From the Maryland Disclosure Requirement?
Yes. The state form lists exemptions from Section 10-702, including:
The initial sale of a single-family home that has never been occupied, or that received a certificate of occupancy within 1 year before the contract
Certain transfers that are exempt from transfer tax
A sale by a lender that acquired the property through foreclosure or a deed in lieu of foreclosure
A sheriff's sale, tax sale, or sale by foreclosure, partition, or court-appointed trustee
A transfer by a fiduciary in the course of administering an estate, guardianship, conservatorship, or trust
A transfer of a home the buyer will convert to non-residential use or demolish
A sale of unimproved land
If you're selling an inherited home or a property held in a trust, ask your agent and your attorney how these exemptions apply.
An exemption from the state form doesn't necessarily mean no other disclosures apply.
Scenario #1: The Seller Who Wasn't Sure About the Septic
A Harford County seller has lived in the home for several years and isn't sure when the septic system was last pumped.
Rather than guess, the seller answers "unknown" on that question and gathers whatever records they can find.
The buyer orders a septic inspection, and the process moves forward with clear expectations.
The lesson: an honest "unknown" is better than a confident guess.
Scenario #2: The Old Basement Leak
A Bel Air seller had water in the basement years ago and fixed the cause.
On the Disclosure Statement, the seller notes the past issue and the repair in the comments, along with receipts.
When the buyer's inspector sees signs of an old repair, it matches what was disclosed.
The disclosure builds trust instead of raising questions.
Scenario #3: The "As Is" Sale With a Known Hazard
A seller chooses the Disclaimer Statement because they don't want to make representations about the home's condition.
The seller does know about a hidden condition that could threaten health or safety.
Because Maryland law requires disclosure of known latent defects even with a disclaimer, the seller lists it on the form.
"As is" covers the condition of the home in general, not known latent defects.
Scenario #4: The 1960s Home
A seller is listing a home built in the 1960s.
Because it was built before 1978, the seller's agent includes the federal lead-based paint disclosures, provides the EPA pamphlet, and confirms whether the seller has any lead-related reports.
The seller doesn't know of any lead-based paint and has no reports, and says so.
The required forms are in the contract from the start, which avoids a last-minute scramble.
Scenario #5: The Late HOA Documents
A seller in an HOA community waits until after accepting an offer to request the association's resale documents.
The documents take time to arrive.
When the buyer receives them, they have a short window to review and cancel if they choose, which delays the process.
Requesting the documents at listing would have kept things on schedule.
Common Mistake: Thinking "As Is" Means You Don't Have to Disclose Anything
In Maryland, known latent defects must be disclosed even with a disclaimer.
"As is" doesn't erase that duty.
Common Mistake: Guessing Instead of Answering "Unknown"
The Disclosure Statement is based on your actual knowledge.
If you don't know, say so. If you do know, disclose it.
Common Mistake: Leaving Out Past Problems That Were Repaired
A past leak or repair is often better explained up front, with documentation, than discovered by an inspector.
Use the comments section.
Common Mistake: Forgetting About Permits
The form asks whether improvements had the required permits and passed inspections.
If you or a contractor did work on the home, find out whether permits were pulled before you list.
Common Mistake: Waiting to Request HOA or Condo Documents
Association documents take time.
Request them early so they don't delay your sale.
Common Mistake: Missing the Lead-Based Paint Forms
If your home was built before 1978, the federal lead-based paint disclosure requirements apply.
Make sure the right forms, pamphlet, and addenda are part of your contract.
Jennifer's Local Perspective
I've been helping people buy and sell homes in Bel Air and Harford County for 21 years.
When sellers ask me about disclosures, I tell them the same thing every time: honesty protects you.
A clear, complete disclosure helps buyers feel confident, and it helps you avoid surprises later in the sale.
Before we list, I sit down with my sellers and walk through the Maryland Disclosure and Disclaimer Statement question by question.
We talk about the choice between disclosing and disclaiming, what a latent defect is, and how to answer when you're not sure.
We also look at the details that come up often around here, like whether the home has a private well or a septic system, whether the home was built before 1978, and whether there's an HOA involved.
If anything raises a legal question, I'll recommend you speak with a Maryland real estate attorney.
My goal is for you to feel educated, protected, and confident, so the paperwork supports your sale instead of slowing it down.
Frequently Asked Questions
Do I have to fill out a disclosure form to sell my house in Maryland?
In most residential sales, yes. Maryland law generally requires sellers to provide either the Residential Property Disclosure Statement or the Residential Property Disclaimer Statement, unless the sale falls under an exemption. Your agent can help you confirm which applies.
Can I sell my house "as is" in Maryland?
Yes, you can use the Disclaimer Statement to sell "as is." But Maryland law still requires you to disclose any latent defects you actually know about, even in an "as is" sale.
Do I have to get an inspection before completing the disclosure?
According to the state form, you're not required to conduct an independent investigation or inspection to complete the disclosure. Your answers are based on your actual knowledge when you sign.
When does the buyer get my disclosure form?
Under Maryland law, the statement is generally delivered on or before the buyer enters into the contract. Many sellers complete it when they list so it's ready for buyers.
What if my house was built before 1978?
The federal lead-based paint disclosure rule applies. You'll generally need to provide the EPA lead hazard pamphlet, disclose any known lead-based paint or hazards, and share any available reports, along with the required contract forms.
What disclosures apply if my home is in an HOA or condominium?
Maryland has separate resale disclosure requirements for HOA homes and condominiums, including association documents and fee information. Buyers have a short period to review and cancel after receiving them. Request the documents early.
Can Jennifer Fitze help me with seller disclosures when selling my house in Bel Air, Maryland?
Yes. Jennifer Fitze is a Realtor, Associate Broker with COMPASS in Bel Air, Maryland, with 21 years of experience helping sellers throughout Bel Air and Harford County understand the Maryland disclosure forms, prepare the right documents, and list with confidence.
Final Thoughts
What disclosures do you need to sell your house in Bel Air, Maryland?
Usually, the Maryland Disclosure or Disclaimer Statement, plus any that fit your home.
What matters is:
Choosing between the Disclosure Statement and the Disclaimer Statement
Disclosing any known latent defects, even when selling "as is"
Answering honestly based on what you actually know
Adding federal lead-based paint disclosures for homes built before 1978
Requesting HOA or condominium documents early, if they apply
Having everything ready before you accept an offer
Disclosures can feel like a lot of paperwork.
With guidance and a little preparation, they become one more way to protect yourself and build trust with your buyer.
Call to Action
Getting ready to sell your home in Bel Air or anywhere in Harford County?
A conversation before you list can help you understand your disclosure options, gather the right documents, and avoid delays once you're under contract.
Jennifer Fitze is a Realtor, Associate Broker with COMPASS in Bel Air, Maryland, helping buyers and sellers throughout Bel Air and Harford County make informed real estate decisions.
Jennifer Fitze
Realtor, Associate Broker
COMPASS
528 S. Main St.
Bel Air, MD 21014
📞 443-504-7830
