Section 10-702 Maryland Real Property

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 owner of certain residential real property to furnish to the purchaser either (a) a Residential Property Disclaimer Statement stating that the owner is selling the property "as is" and makes no representations or warranties as to the condition of the property or any improvements on the real property, except as otherwise provided in the contract of sale, or in a listing of latent defects; or (b) a Residential Property Disclosure Statement disclosing defects or other information about the condition of the real property actually known by the owner. Certain transfers of residential property are excluded from this requirement.

10-702. EXEMPTIONS.

The following are specifically excluded from the provisions of §10-702:

1. The initial sale of single family residential real property:

A. that has never been occupied; or

B. for which a certificate of occupancy has been issued within 1 year before the seller and buyer enter into a contract of sale;

2. A transfer that is exempt from the transfer tax under §13-207 of the Tax-Property Article, except land installment contracts of sales under §13-207(a)(11) of the Tax-Property Article and options to purchase real property under §13-207(a)(12) of the Tax-Property Article;

3. A sale by a lender or an affiliate or subsidiary of a lender that acquired the real property by foreclosure or deed in lieu of foreclosure;

4. A sheriff’s sale, tax sale, or sale by foreclosure, partition, or by court appointed trustee;

5. A transfer by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust;

6. A transfer of single family residential real property to be converted by the buyer into use other than residential use or to be demolished; or

7. A sale of unimproved real property.

Section 10-702 also requires the owner to disclose information about latent defects in the property that the owner has actual knowledge of. The owner must provide this information even if selling the property “as is.” “Latent defects” are defined as: Material defects in real property or an improvement to real property that:

(1) A purchaser would not reasonably be expected to ascertain or observe by a careful visual inspection of the real property; and

(2) Would pose a direct threat to the health or safety of: (i) the purchaser; or (ii) an occupant of the real property, including a tenant or invitee of the purchaser.

Maryland Residential Property Disclosure Statement

NOTICE TO OWNERS: 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; otherwise, sign the Residential Property Disclaimer Statement.

NOTICE TO PURCHASERS: The information provided is the representation of the Owners and is based upon the actual knowledge of Owners as of the date noted.

How long have you owned the property?

Property System: Water, Sewage, Heating & Air Conditioning

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 Other

Air Conditioning: Oil Natural Gas Electric Heat Pump Other

Hot Water: Oil Natural Gas Electric Other

Please indicate your actual knowledge with respect to the following:

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

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

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

Type of Roof: Age

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

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

Any defects (structural or otherwise)? Yes No Unknown

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

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

Is the system in operating condition? Yes No Unknown

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

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

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

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 the smoke alarms are battery operated, are they sealed, tamper resistant units incorporating a silence/hush button, which use long-life batteries as required in all Maryland Homes by 2018? Yes No

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

When was the system last pumped? Date Unknown

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

Home water treatment system: Yes No Unknown

Fire sprinkler system: Yes No Unknown Does Not Apply

Are the systems in operating condition? Yes No Unknown

11. Insulation:

In exterior walls? Yes No Unknown

In ceiling/attic? Yes No Unknown

In any other areas? Yes No Unknown Where?

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

Are gutters and downspouts in good repair? Yes No Unknown

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

Any treatments or repairs? Yes No Unknown

Any warranties? Yes No Unknown

14. Are there any hazardous or regulated materials (including, but not limited to, licensed landfills, asbestos, radon gas, lead-based paint, underground storage tanks, or other contamination) on the property? Yes No Unknown

15. If the property relies on the combustion of a fossil fuel for heat, ventilation, hot water, or clothes dryer operation, is a carbon monoxide alarm installed in the property? Yes No Unknown

16. Are there any zoning violations, nonconforming uses, violation of building restrictions or setback requirements or any recorded or unrecorded easement, except for utilities, on or affecting the property? Yes No Unknown

16A. If you or a contractor have made improvements to the property, were the required permits pulled from the county or local permitting office? Yes No Does Not Apply Unknown

17. Is the property located in a flood zone, conservation area, wetland area, Chesapeake Bay critical area or Designated Historic District? Yes No Unknown

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

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

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

The owner(s) acknowledge having carefully examined this statement, including any comments, and verify that it is complete and accurate as of the date signed. The owner(s) further acknowledge that they have been informed of their rights and obligations under §10-702 of the Maryland Real Property Article.

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 under §10-702 of the Maryland Real Property Article.

Maryland Residential Property Disclaimer Statement

NOTICE TO OWNER(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 set forth below; otherwise, complete and sign the Residential Property Disclosure Statement.

Except for the latent defects listed below, the undersigned owner(s) of the real property 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" with all defects, including latent defects, which may exist, except as otherwise provided in the real estate contract of sale.

The owner(s) has actual knowledge of the following latent defects: