TL;DR
Maryland law requires sellers to complete a Residential Property Disclosure and Disclaimer Statement covering known defects across dozens of categories — or sell “as-is” using a Disclaimer Statement, which still requires disclosing latent defects. In Montgomery County, you’re also required to provide radon test results before settlement. If your property is in an HOA, a full resale package is mandatory. You’re only obligated to disclose what you personally know — not what an inspector might find.
What Does Maryland Law Require Sellers to Disclose?
Under Maryland Real Property Code § 10-702, sellers of residential real estate must provide buyers with one of two documents before a purchase contract is signed: a Residential Property Disclosure Statement or a Residential Property Disclaimer Statement. This applies to most homes with four or fewer units.
These are not the same thing — and the choice you make matters.
By Pey Behin | May 7, 2026
If you’re getting ready to list in Bethesda, Potomac, Chevy Chase, or anywhere in Montgomery County, one of the first questions your agent should be walking you through is your disclosure obligations. It’s not a topic most sellers think about until they’re already under contract — and that’s when the stress kicks in.
Here’s what Maryland law actually requires, what’s specific to Montgomery County, and how to approach this without getting in your own way.
Disclosure vs. Disclaimer: The Choice You Have to Make
Maryland is one of a handful of states that gives sellers a choice. You can either:
- Complete a full Disclosure Statement — disclosing the known condition of your home across dozens of categories, or
- Complete a Disclaimer Statement — essentially selling “as-is” and asking the buyer to accept the property in its present condition
The catch with the Disclaimer path: you still have to disclose latent defects you’re aware of. A latent defect is a material problem a buyer wouldn’t discover through a careful visual inspection — something that poses a real threat to health or safety. A cracked foundation hidden behind drywall. A known mold issue behind the walls. A septic system problem not visible from the surface.
The Disclaimer path is not a legal shield. If you know about something that could seriously harm the buyer and you don’t disclose it, you’re exposed. For most sellers in Bethesda and Montgomery County, completing the full Disclosure Statement — honestly and based on your actual knowledge — is the cleaner choice.
What the Disclosure Statement Covers
The Maryland Residential Property Disclosure and Disclaimer Statement is a detailed form that asks about your home’s condition across many categories. You’re answering based on what you actually know — the law doesn’t require you to hire inspectors or conduct independent investigations.
Major categories include:
- Structural elements: foundation, walls, roof, floors, windows, doors
- Water and sewer: source of water, condition of the well or public connection, septic system status
- Mechanical systems: HVAC, plumbing, electrical
- Environmental hazards: asbestos, underground storage tanks, lead-based paint
- Water intrusion: basement moisture, flooding history, drainage issues
- Roof condition: age, leaks, any fire-retardant treated plywood (a known issue in older homes)
- Ground rent: if applicable, you must disclose the existence, amount, and terms
- HOA or condo association: if your home is subject to one (more on this below)
- Any other material defects you’re aware of — this is the catch-all
For homes built before 1978, federal law requires a separate lead-based paint disclosure, the EPA pamphlet, any related records, and a 10-day window for the buyer to conduct a lead inspection.
Montgomery County Has an Additional Requirement: Radon Testing
This is one that surprises a lot of sellers — and it’s mandatory in Montgomery County.
Under Montgomery County Code Section 40-13C, sellers of single-family homes must have a radon test performed no earlier than one year before settlement. You have to provide the buyer with a copy of those results on or before the settlement date.
This isn’t optional, and it’s not something to arrange at the last minute. Order the radon test early in your listing process. If levels come back elevated (4 pCi/L or higher is the EPA action threshold), you have options — disclose and negotiate, or remediate before closing. A radon mitigation system typically costs $800–$1,500 in this market and can eliminate the issue entirely. That’s usually a much cleaner path than trying to negotiate around elevated levels mid-contract.
If Your Property Is in an HOA or Condo Association
Selling a home in an HOA community in Bethesda — and there are a lot of them — adds another layer. Maryland law requires sellers to provide buyers with a resale disclosure package, which the association (or its management company) prepares. This package includes:
- Governing documents (bylaws, CC&Rs, rules)
- Current monthly fees and any pending special assessments
- Financial statements
- Meeting minutes (recent)
- Any pending litigation involving the association
You have to request this package from your HOA in writing. The association has up to 20 days to provide it, and they can charge up to $250 for the package. Once delivered, the buyer typically has 7 days to review and cancel the contract if they don’t like what they see.
Plan ahead. If you’re in an HOA, request the package as soon as you’re serious about listing. Waiting until you’re under contract can delay your closing by weeks.
What You Don’t Have to Disclose
Maryland’s disclosure law is based on actual knowledge. You’re not expected to be a home inspector. If there’s a problem you genuinely didn’t know about — a slow plumbing leak behind a wall that’s never surfaced, a slowly failing HVAC component that hasn’t shown symptoms — you’re not required to disclose it.
The question is always: what do you know? Answer that honestly.
What you’re also not obligated to disclose under Maryland law:
- Deaths or stigmatized events that occurred on the property (Maryland explicitly excludes these from required disclosures)
- Neighborhood-level information (entirely outside the scope of the form)
A pre-listing inspection can actually help you here. When you have an inspection done before listing, you go into the disclosure form with better information — and you avoid the awkward position of a buyer’s inspector surfacing something you weren’t aware of mid-contract. It puts you in control of the narrative.
When Disclosure Has to Happen
Maryland law requires the disclosure to be delivered to the buyer before the purchase contract is signed. In practice, most listing agents include the disclosure as part of the listing package — available to buyers before they make an offer.
If the disclosure is delivered after the contract is signed, the buyer typically has a window to review and walk away. Getting it done upfront avoids that complication.
Common Questions I Hear from Sellers
The sellers I work with in Bethesda and Chevy Chase tend to have a few recurring anxieties about disclosure. Here are the honest answers:
“Do I have to disclose something that was fixed years ago?” Generally, yes — if it was a material defect, you should disclose that it existed and what was done to address it. Hiding a remediated issue creates more risk than disclosing it with documentation of the fix.
“What if I’m not sure whether something is a defect?” When in doubt, disclose it. The risk of non-disclosure — a buyer coming back after closing claiming you concealed a known issue — is far greater than the risk of disclosing something that turns out to be minor.
“Will disclosing problems tank my sale?” Not necessarily. Buyers in the Bethesda market are sophisticated. A disclosed issue with a fair price adjustment or a seller credit is almost always preferable to the deal falling apart at inspection — or worse, ending up in litigation after closing.
Understanding what happens during a home inspection from a buyer’s perspective helps here. Inspectors look for the same categories the disclosure form covers. Aligning your disclosure with what a buyer’s inspector will likely find — rather than leaving them to discover surprises — sets up a smoother transaction.
For a complete picture of what you’ll owe at closing beyond the disclosure process, see what closing costs look like for sellers in Bethesda, MD.
The Bottom Line
Maryland’s seller disclosure law is built around one core principle: tell buyers what you know. The form is detailed, and there are Montgomery County-specific requirements (radon testing) that add to your checklist. But it’s not designed to trap you — it’s designed to give buyers a fair picture of the property they’re purchasing.
Get your disclosure done early. Order the radon test before you list. If you’re in an HOA, request the resale package the moment you decide to sell. These steps don’t slow your sale — they protect it.
Frequently Asked Questions
Do Maryland sellers have to disclose if someone died in the house?
No. Maryland law explicitly does not require sellers to disclose deaths or other stigmatizing events that occurred on the property. You are only required to disclose physical defects and conditions affecting the property itself.
What is the difference between a Disclosure Statement and a Disclaimer Statement in Maryland?
A Disclosure Statement reports the known condition of the property across dozens of categories. A Disclaimer Statement sells the property “as-is” without condition representations — but even with a Disclaimer, you’re still required to disclose any latent defects you’re aware of, meaning hidden problems that pose a health or safety risk.
Does Montgomery County require a radon test when selling a home?
Yes. Under Montgomery County Code Section 40-13C, sellers of single-family homes must conduct a radon test within one year before settlement and provide the results to the buyer on or before the settlement date. This is a mandatory, county-specific requirement.
When does the seller have to provide the disclosure in Maryland?
Maryland law requires the disclosure to be provided before the purchase contract is signed. In practice, most sellers include it as part of the listing package so buyers have it before they make an offer.
What happens if I sell a home with an HOA in Maryland?
You’re required to provide the buyer with a full resale disclosure package from the association, which includes governing documents, current fees, pending assessments, financial statements, and meeting minutes. Request this from your HOA as soon as you decide to list — the association has up to 20 days to prepare it, and the buyer typically has 7 days to review it and potentially cancel the contract.
If you’re getting ready to list in Bethesda or anywhere in Montgomery County and you’re unsure what your disclosure obligations look like for your specific property — especially if there’s an HOA, an older home with potential lead paint, or any condition history — I’m happy to walk you through it before you go to market. Reach out anytime.
About Pey Behin
Pey Behin is a residential real estate agent serving the Washington, DC metro area, with a focus on Bethesda, Montgomery County, and Northern Virginia. He works with buyers and sellers who want clear strategy, data-driven pricing, and direct guidance throughout the transaction process. His approach combines market analytics, negotiation expertise, and modern marketing to position clients effectively in competitive conditions.
