Property Condition, Disclosures, and Environmental Issues
Maryland residential disclosure
For most residential transfers, Maryland requires the seller to deliver either a Residential Property Disclosure Statement (known conditions of water/sewer systems, hazardous or toxic materials, structural and land-use matters, and similar items) or a Residential Property Disclaimer Statement. The disclaimer is not available in every transaction, and it never relieves the seller of the duty to disclose latent defects the seller actually knows about. Condominium and HOA sales trigger separate resale disclosure packages.
Lead-based paint and regulated hazards
For pre-1978 housing, federal law requires the EPA pamphlet, disclosure of known lead-based paint and hazards, a 10-day opportunity to test (negotiable), and three-year record retention. Maryland adds lead-poisoning risk-reduction obligations for rental properties. Other recurring environmental issues: radon, asbestos, mold, underground storage tanks, and contaminated soil. A buyer needs a testing contingency; a seller who knows must not conceal.
Land use and environmental limits
Zoning and permitted use, easements, floodplains, wetlands, and the Chesapeake Bay Critical Area, where development is restricted and which must be disclosed. Agricultural land may carry nutrient management obligations or agricultural preservation easements.
Traps
Assuming a disclaimer eliminates all disclosure duties; assuming an 'as-is' sale excuses active concealment or fraud; confusing the lead paint inspection window with the general inspection contingency; forgetting that new construction and nonresidential transfers follow different disclosure rules.
Rule of thumb: disclose what you know, document what you deliver, and never answer disclosure questions for the seller.