FSBO Maryland Disclosure Requirements for Sellers

You’re looking at a $350,000 single‑family home in Annapolis and wondering which forms you must hand over before the contract signs. Maryland law forces sellers to disclose specific defects, lead‑based paint, and neighborhood nuisances, and missing a single item can delay closing or expose you to lawsuits. Below is the exact list you need to collect, the agencies you must verify with, and a quick workflow that lets you decide whether to go solo, list flat‑fee, or use Sellable’s AI‑driven lead desk.

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What Maryland Law Actually Demands (40‑60 words)

Maryland requires a Residential Property Disclosure and Disclaimer Statement (Form MD‑DC), a Lead‑Based Paint Disclosure for homes built before 1978, and any material facts that affect value,such as foundation cracks, flooding, or HOA restrictions. County or city ordinances may add storm‑water, pest, or historic‑district disclosures. Verify each requirement with the Maryland Real Estate Commission (MREC) or your county’s planning office.

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Core Disclosure Forms You Must Provide

If your home sits in a historic district, add the Historic Preservation Disclosure from the local historic commission.

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Step‑by‑Step Checklist to Get Your Disclosures Ready

1. Identify the build year , Pull the deed or tax assessor record. If ≤ 1978, schedule a lead‑paint inspection or use the EPA’s free checklist.
2. Download the MD‑DC form , Fill it out honestly; you can leave “N/A” where a question truly does not apply.
3. Check county requirements , Visit your county’s planning website for extra questionnaires (e.g., Montgomery County “Property Condition Disclosure”).
4. Gather HOA paperwork , Request the latest budget, rules, and pending litigation list from the board.
5. Confirm flood or storm‑water status , Use FEMA’s online map; if the property is in a flood zone, attach the Flood Hazard Determination Statement.
6. Compile repair receipts & warranties , Buyers often ask for proof of recent roof, HVAC, or foundation work.
7. Upload everything to a secure folder , Sellable’s platform lets you store PDFs and send a single link to interested buyers, keeping the process fast and auditable.
8. Sign and date each form , Unsigned disclosures are ineffective and can halt escrow.

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How the Disclosures Fit Into Your Selling Strategy

If you already have the forms ready, a flat‑fee MLS or Sellable can shave days off the timeline compared with a traditional agent.

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Quick Reference: What Must Be Disclosed Immediately

1. Structural defects , foundation cracks, roof leaks, termite damage.
2. Environmental hazards , lead paint, asbestos, radon (if tested).
3. Legal encumbrances , liens, easements, pending lawsuits.
4. Neighborhood issues , noise complaints, nearby industrial sites, planned road expansions.
5. HOA obligations , fees, special assessments, pending rule changes.

Failing to disclose any of these can trigger a seller’s liability claim under Maryland Code § 14‑421.

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Where to Verify Local Rules

• Maryland Real Estate Commission (MREC) , https://www.dllr.state.md.us/realestate/
• County Planning/Assessment Office , e.g., https://www.princegeorgescountymd.gov/Planning
• EPA Lead Safe Housing , https://www.epa.gov/lead/lead-based-paint-disclosure
• FEMA Flood Map Service Center , https://msc.fema.gov/

Call the office directly if the website is unclear; a quick 5‑minute phone call can prevent a costly omission.

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Frequently Asked Questions

1. Do I need a lead‑based paint disclosure if the house was built in 1979?
No. Maryland follows the federal rule: only homes built on or before 1978 require the EPA lead‑paint form. Verify the exact construction year on the tax record before skipping it.

2. Can I use a generic “as‑is” clause instead of the MD‑DC form?
No. Maryland law mandates the specific Residential Property Disclosure and Disclaimer Statement. An “as‑is” clause does not satisfy the statutory requirement and can be rejected by the buyer’s attorney.

3. My property is in a floodplain but the seller’s insurance never filed a claim. Do I still have to disclose?
Yes. Maryland law requires disclosure of any known flood‑zone status, regardless of claim history. Include the FEMA Flood Hazard Determination Statement with your packet.

4. How many days before signing the contract must I give the buyer the disclosures?
The buyer must receive all required disclosures before the contract is signed. Most agents deliver them 48‑72 hours prior, but Maryland law does not set a numeric deadline,just “prior to execution.” Provide them early to keep negotiations smooth.

5. If I miss a disclosure, can I fix it after the contract is signed?
You can amend the contract with a written addendum, but the buyer may request a price reduction or even terminate the deal. Promptly correct any oversight to avoid escrow delays or legal exposure.

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Ready to start? Upload your completed forms to Sellable’s secure portal and let the AI match you with qualified buyers while you stay in control of the process.