Maryland Seller Disclosure vs. Disclaimer: What Buyers and Sellers Should Know

By Dawn Riley, Associate Broker, Realtor and Master Certified Negotiator | Published July 20, 2026

Maryland’s disclosure and disclaimer form affects what a seller states about the property, but neither choice gives anyone permission to hide a known material defect.

The Form Is Important, but It Is Not the Whole Investigation

Maryland residential transactions commonly involve a seller disclosure and disclaimer statement. The seller’s selected section and answers can give the buyer useful information, but the form is not a substitute for inspections, records and independent due diligence.

Buyers should read the actual form rather than relying on a summary from an online listing or conversation.

A Disclosure Provides Seller Statements About Listed Conditions

When completing the disclosure portion, the seller answers questions based on actual knowledge about systems, conditions and property features covered by the form.

The seller is not acting as a licensed inspector and may not know hidden conditions. The buyer still needs to investigate the home and use qualified professionals.

A Disclaimer Is Not a Statement That the Home Has No Problems

A disclaimer generally means the seller is selling without making the detailed representations contained in the disclosure section, subject to Maryland law and the form’s requirements.

Buyers sometimes interpret a disclaimer as evidence that something is wrong. That assumption may be unfair. Other buyers treat it as permission to skip investigation. That assumption is risky.

Known Material Defects Still Matter

A seller should not conceal a known condition that materially affects the property or creates a risk when disclosure is legally required. The exact facts and legal obligations can be complicated, so parties should obtain legal advice when a serious issue exists.

Real estate agents also have duties involving material facts. Accurate documentation protects everyone better than vague verbal explanations.

Buyers Should Compare the Form With Other Evidence

Review inspection findings, permits, septic and well records, invoices, warranties, insurance claims when available and visible property conditions. Differences should be questioned rather than ignored.

A seller may answer honestly and still be mistaken. A buyer should focus on resolving the condition, not simply assigning blame before the facts are known.

Sellers Should Avoid Guessing

A seller should answer based on actual knowledge, read every question and explain relevant information clearly. Guessing about dates, permits or repairs can create confusion later.

If a roof was replaced, a septic repair completed or water intrusion corrected, records can make the explanation more credible and useful.

Do Not Confuse Disclosure With Contract Terms

The disclosure or disclaimer form does not automatically decide inspection rights, repair obligations or whether the buyer accepts a condition. Those issues depend on the contract and any addenda.

The final walkthrough is also separate. Buyers can use our Maryland final walkthrough checklist to confirm condition before settlement.

Good Documentation Reduces Surprises

The purpose of disclosure is not to create a perfect home. It is to help the parties exchange information honestly and make informed decisions.

Sellers should preserve records and disclose accurately. Buyers should inspect and verify. Strong representation connects the form, contract deadlines and property-specific risks so nothing important is treated as a casual checkbox.