Can the disclosure be signed electronically?

Yes. Electronic signatures are valid under the federal ESIGN Act and most state UETA laws when intent, consent, attribution, and record retention are present (see ESIGN and UETA). Confirm any state-specific form or witness exceptions before relying solely on e-signing.

Is notarization required for the seller disclosure?

Not typically. Seller disclosures are usually not notarized, but parties may choose notarization or remote online notarization (RON) for added formality; verify county or lender preferences.

What if a seller discovers a new defect after signing?

Material new information should be promptly disclosed to the buyer in writing; resolution may be negotiated under contract remedies or inspection contingencies.

How long must I keep the executed disclosure?

Retain for several years after closing—keeping records for at least 7 years is typical for real estate matters; follow IRS and state guidance for tax or audit needs (IRC §6501(a)).

Can the buyer rely solely on the disclosure instead of an inspection?

No. A disclosure records seller knowledge but does not replace a professional inspection; buyers should obtain inspections to evaluate condition independently.

Who signs the disclosure if ownership changed recently?

The party with title or the seller of record should sign; if closings or transfers occurred, consult title documents and consider counsel to confirm the correct signing party.

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Maryland Real Estate Disclosure

Maryland Real Estate Disclosure

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Maryland Residential Property Disclosure and Disclaimer Statement

Property Address:

Legal Description:

Notice to Seller and Purchaser

Section 10-702 of the Real Property Article, Annotated Code of Maryland, requires the seller of certain residential real property to furnish to the purchaser either a Residential Property Disclaimer Statement or a Residential Property Disclosure Statement.

Certain transfers of residential property are excluded from this requirement.

Section 10-702 also requires the seller to disclose information about latent defects in the property that the seller has actual knowledge of.

Maryland Residential Property Disclosure Statement

Notice to Sellers: Complete and sign this statement only if you elect to disclose defects, including latent defects, or other information about the condition of the property actually known by you.

Notice to Purchasers: The information provided is based upon the actual knowledge of Sellers as of the date noted.

How long have you owned the property?

Property System: Water, Sewage, Heating & Air Conditioning (Answer all that apply)

Water Supply: Public Well Other

Sewage Disposal: Public Septic System approved for Other Type

Garbage Disposal: Yes No

Dishwasher: Yes No

Heating: Oil Natural Gas Electric Heat Pump Age Other

Air Conditioning: Oil Natural Gas Electric Heat Pump Age Other

Hot Water: Oil Natural Gas Electric Capacity Age Other

Please indicate your actual knowledge with respect to the following:

1. Foundation: Any settlement or other problems? Yes No Unknown

Comments:

2. Basement: Any leaks or evidence of moisture? Yes No Unknown Does Not Apply

Comments:

3. Roof: Any leaks or evidence of moisture? Yes No Unknown

Type of Roof: Age

Comments:

Is there any existing fire retardant treated plywood? Yes No Unknown

Comments:

4. Other Structural Systems, including exterior walls and floors:

Comments:

Any defects (structural or otherwise)? Yes No Unknown

Comments:

5. Plumbing system: Is the system in operating condition? Yes No Unknown

Comments:

6. Heating Systems: Is heat supplied to all finished rooms? Yes No Unknown

Comments:

Is the system in operating condition? Yes No Unknown

Comments:

7. Air Conditioning System: Is cooling supplied to all finished rooms? Yes No Unknown Does Not Apply

Comments:

Is the system in operating condition? Yes No Unknown Does Not Apply

Comments:

8. Electric Systems: Are there any problems with electrical fuses, circuit breakers, outlets or wiring? Yes No Unknown

Comments:

8A. Will the smoke alarms provide an alarm in the event of a power outage? Yes No

Are the smoke alarms over 10 years old? Yes No

If battery operated, are they sealed, tamper resistant units with long-life batteries? Yes No

Comments:

9. Septic Systems: Is the septic system functioning properly? Yes No Unknown Does Not Apply

When was the system last pumped? Unknown

Comments:

10. Water Supply: Any problem with water supply? Yes No Unknown

Comments:

Home water treatment system: Yes No Unknown

Comments:

Fire sprinkler system: Yes No Unknown Does Not Apply

Comments:

Are the systems in operating condition? Yes No Unknown

Comments:

11. Insulation:

In exterior walls? Yes No Unknown

In ceiling/attic? Yes No Unknown

In any other areas? Yes No Unknown Where?

Comments:

12. Exterior Drainage: Does water stand on the property for more than 24 hours after a heavy rain? Yes No Unknown

Comments:

Are gutters and downspouts in good repair? Yes No Unknown

Comments:

13. Wood-destroying insects: Any infestation and/or prior damage? Yes No Unknown

Comments:

Any treatments or repairs? Yes No Unknown

Any warranties? Yes No Unknown

Comments:

14. Are there any hazardous or regulated materials on the property? Yes No Unknown

If yes, specify below

Comments:

15. If the property relies on combustion of a fossil fuel, is a carbon monoxide alarm installed? Yes No Unknown

Comments:

16. Are there any zoning violations, nonconforming uses, violation of building restrictions or easements? Yes No Unknown

If yes, specify below

Comments:

16A. If improvements were made, were the required permits pulled? Yes No Does Not Apply Unknown

Comments:

17. Is the property located in a flood zone, conservation area, wetland area, Chesapeake Bay critical area or designated historic district? Yes No Unknown

If yes, specify below

Comments:

18. Is the property subject to any restriction imposed by a Home Owners Association or community association? Yes No Unknown

If yes, specify below

Comments:

19. Are there any other material defects, including latent defects, affecting the physical condition of the property? Yes No Unknown

Comments:

Note: Seller(s) may wish to disclose the condition of other buildings on the property on a separate Residential Property Disclosure Statement.

The seller(s) acknowledge having carefully examined this statement, including any comments, and verify that it is complete and accurate as of the date signed.

Seller:

Date:

Seller:

Date:

The purchaser(s) acknowledge receipt of a copy of this disclosure statement and further acknowledge that they have been informed of their rights and obligations.

Purchaser:

Date:

Purchaser:

Date:

Maryland Residential Property Disclaimer Statement

Notice to Seller(s): Sign this statement only if you elect to sell the property without representations and warranties as to its condition, except as otherwise provided in the contract of sale and in the listing of latent defects.

Except for the latent defects listed below, the undersigned seller(s) make no representations or warranties as to the condition of the real property or any improvements thereon, and the purchaser will be receiving the real property "as is."

Does the seller(s) have actual knowledge of any latent defects? Yes No

If yes, specify:

Seller:

Date:

Seller:

Date:

The purchaser(s) acknowledge receipt of a copy of this disclaimer statement and further acknowledge that they have been informed of their rights and obligations.

Purchaser:

Date:

Purchaser:

Date:

What the Maryland Real Estate Disclosure Is and when it matters

The Maryland Real Estate Disclosure is a written statement that identifies known material facts about a residential property’s condition that a seller provides to a prospective buyer during a sale. It typically covers structural issues, major systems (electrical, plumbing, HVAC), environmental hazards, and other conditions the seller reasonably knows. The disclosure supports informed decision-making, helps allocate risk between buyer and seller, and becomes part of the transaction record. Electronic execution is generally acceptable under federal ESIGN rules and state electronic transaction laws, subject to exceptions and any statutory form requirements.

Why a clear disclosure protects both parties

A complete, accurate disclosure reduces post-closing disputes, clarifies known defects for buyers, and limits seller exposure to claims based on nondisclosure. It documents the seller’s knowledge at the time of contract and supports lender and title due diligence where applicable.

Who prepares and relies on the disclosure

Typical participants who prepare, review, or rely on the disclosure in a Maryland residential sale.

Sellers and listing agents who complete and deliver the disclosure to buyers before or during the offer process.
Buyers and buyer agents who review disclosures as part of inspections and contract contingencies.
Lenders and title companies that use disclosure information for underwriting, title review, and insurance issues.

Each participant has different duties: sellers disclose known facts, agents advise clients, and buyers verify condition through inspection.

Primary sections you’ll find on a professional disclosure

A professional Maryland Real Estate Disclosure organizes facts so buyers can evaluate condition. Clear sectioning and attachments make the form easier to use and defend later.

Property Details

Street address, tax ID, unit number, and other identifiers that link the disclosure to the specific parcel or condominium unit.

Systems & Components

Statements about the roof, foundation, plumbing, electrical, HVAC and any known deficiencies or repairs performed within a stated time period.

Environmental Risks

Disclosures for known issues such as lead-based paint (pre-1978 housing), asbestos, radon, mold, or underground storage tanks.

Material Defects

Known structural or safety defects, functional failures, water intrusion, or condition issues that materially affect habitability or value.

Seller Certifications

Seller declarations about the accuracy of answers, dates of knowledge, and whether any professional inspections have been completed.

Signatures & Dates

Signature blocks for seller(s), date fields, and spaces for buyer acknowledgment or agent verification where applicable.

Essential data elements required on the form

Seller Name: Legal owner(s) of record

Property Address: Street, unit, city, ZIP

Disclosure Date: MM/DD/YYYY

Known Defects: Concise yes/no and details

Attachments: Inspection reports, receipts

Signatures: Seller signature and date

Consequences of incomplete or inaccurate disclosures

Contract Rescission: Buyer may cancel transaction

Legal Liability: Seller faces fraud or misrepresentation claims

Closing Delays: Underwriting and title issues can slow close

Monetary Damages: Court-ordered remediation or damages

Broker Sanctions: Agent discipline for inadequate advice

Insurance Impact: Claims may be denied or premiums affected

Common preparation pitfalls to avoid

Relying on memory instead of records leads to incomplete answers and later disputes over the accuracy of statements.
Using vague language such as 'minor issues' without dates or descriptions makes it hard for buyers and underwriters to assess risk.
Failing to attach relevant inspection reports or repair receipts reduces the disclosure's evidentiary value in disputes.
Incomplete signer information—missing dates or inconsistent names—can invalidate electronic recordkeeping and complicate title searches.

Step-by-step: completing a Maryland Real Estate Disclosure

Follow these steps to prepare and deliver a complete disclosure to the buyer and transaction parties.

01

Gather Records: Collect permits, repair receipts, warranties, and inspection reports before answering.
02

Answer Clearly: Use plain yes/no responses; add short factual descriptions for affirmative answers.
03

Attach Documents: Upload inspection reports or repair invoices as attachments to the disclosure.
04

Sign and Date: Seller(s) sign; preserve an executed copy for closing and for retention.

How electronic completion and routing typically work

An e‑workflow clarifies who completes, signs, and receives the disclosure and maintains an audit trail for the transaction record.

Upload Document: Sender uploads the disclosure PDF or template into the signing platform.
Assign Fields: Place name, date, and signature fields and require attachments where needed.
Send to Signers: Distribute to seller(s) and buyer(s) in the required signing order.
Record & Store: Platform captures timestamps, IP addresses, and produces a certificate of completion.

Recommended e-workflow configuration for disclosure forms

Set up a repeatable template with authentication, required fields, and attachment points to reduce errors and speed execution.

Field	Configuration
Authentication	Email link or SMS code for signer verification
Required Fields	Make seller name, date, and signature mandatory
Attachments	Allow PDF uploads for inspection reports
Template	Save as reusable template with conditional fields

Technology and integration considerations for e-submission

Choose a platform that supports secure signing, audit trails, and the integrations your brokerage or title company uses.

Integrations: Salesforce, MLS, or CRM connectors
File Formats: PDF and DOCX input/output supported
Security: TLS 1.2/1.3 and AES-256 encryption

Integration with transaction management and storage systems ensures copies are available for underwriting, closing, and post-closing retention.

Real-world examples showing common outcomes

Two brief examples illustrate how digital workflows and clear disclosures affect transactions.

Martin Properties

A regional brokerage standardized digital disclosures to reduce missing information during listing intake.

The change reduced turnaround time for buyers.
"I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Optica Ventures

A small investor firm attached inspection reports to disclosures for every purchase offer.

Buyers got consistent documentation.
"The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Practical tips to improve accuracy and reduce risk

Adopt consistent procedures to complete disclosures accurately and preserve supporting records for closing and post-closing defense.

Use Templates and Checklists

Standardized templates reduce omissions; combine the disclosure with a checklist of required attachments (inspections, permits, repair invoices) to ensure completeness.

Attach Evidence

Always attach inspection reports, repair receipts, and permit records cited in answers so buyers and title insurers can verify claimed repairs.

Record Signature Metadata

Preserve electronic audit trails including timestamps, IP addresses, and signer authentication to establish attribution and intent under ESIGN/UETA.

Review Before Closing

Have the listing agent, seller, and title officer confirm the final executed disclosure is consistent with the settlement statement and title documents.

eSignature platform pricing and feature snapshot for disclosure workflows

Comparison shows common starting prices and feature differences relevant to high-volume or compliance-focused disclosure workflows; signNow appears first in this vendor comparison.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day free trial	No	No	No	No
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about Maryland Real Estate Disclosures

Answers address common uncertainties about execution, electronic signatures, notary needs, and recordkeeping for disclosure forms.

Need help? Contact support

Can the disclosure be signed electronically?
Yes. Electronic signatures are valid under the federal ESIGN Act and most state UETA laws when intent, consent, attribution, and record retention are present (see ESIGN and UETA). Confirm any state-specific form or witness exceptions before relying solely on e-signing.
Is notarization required for the seller disclosure?
Not typically. Seller disclosures are usually not notarized, but parties may choose notarization or remote online notarization (RON) for added formality; verify county or lender preferences.
What if a seller discovers a new defect after signing?
Material new information should be promptly disclosed to the buyer in writing; resolution may be negotiated under contract remedies or inspection contingencies.
How long must I keep the executed disclosure?
Retain for several years after closing—keeping records for at least 7 years is typical for real estate matters; follow IRS and state guidance for tax or audit needs (IRC §6501(a)).
Can the buyer rely solely on the disclosure instead of an inspection?
No. A disclosure records seller knowledge but does not replace a professional inspection; buyers should obtain inspections to evaluate condition independently.
Who signs the disclosure if ownership changed recently?
The party with title or the seller of record should sign; if closings or transfers occurred, consult title documents and consider counsel to confirm the correct signing party.

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