(a) Before signing a contract for the sale of real property, the seller must give the prospective buyer an opportunity to examine the applicable county master plan and any municipal land use plan for the area in which the property is located, and any adopted amendment to either plan, and approved official maps showing planned land uses, roads and highways, parks and other public facilities affecting the property contained in the plan. (b) The initial seller of any improved residential real property must have available in a model home or sales office the plan and amendments listed in subsection (a). If a model home or sales office is not located on or near the property, the initial seller must have the plan and amendments available at the property. (c) Each contract for the sale of real property must contain a clearly identified provision that notifies a prospective buyer of the buyer's right to review the applicable master plan and municipal land use plan and any adopted amendment. (d) A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type within a clearly demarcated box, that: (1) The seller has offered the buyer the opportunity to review the applicable master plan and municipal land use plan and any adopted amendment; (2) The seller has informed the buyer that amendments affecting the plan may be pending before the planning board or the county council or a municipal planning body; (3) (A) The buyer has reviewed each plan and adopted amendment; or (B) The buyer has waived the right to review each plan and adopted amendment; and (4) The buyer understands that, to stay informed of future changes in county and municipal land use plans, the buyer should consult the planning board and the appropriate municipal planning body.

(a) Before the buyer signs a contract for the sale of any real property, the seller must disclose to each prospective buyer, to the extent the seller knows: (1) whether the property is connected to, or has been approved for connection to, a public water and sewer system; (2) if the property is not connected to a public water and sewer system: (A) the source, if any, of potable water for the property; and (B) whether an individual sewage disposal system has been constructed on the property or approved or disapproved for construction; and (3) (A) the water and sewer service area category or categories that currently apply to the property, and a brief explanation of how each category affects the availability of water and sewer service; (B) any recommendations in the applicable master plan regarding water and sewer service to the property; and (C) the status of any pending water and sewer comprehensive plan amendments or service area category changes that would apply to the property. (b) A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that: (1) The seller has provided the information required by subsection (a), or the seller has informed the buyer that the seller does not know the information required by subsection (a); and (2) The buyer understands that, to stay informed of future changes in County and municipal water and sewer plans, the buyer should consult the County Planning Board, the Washington Suburban Sanitary Commission, the County Department of Environmental Protection, or any appropriate municipal planning or water and sewer body. (c) In complying with the disclosure requirements of this Section, the seller or the seller’s agent may rely on information obtained from the County Planning Board, the Washington Suburban Sanitary Commission, the Department of Permitting Services, or the Department of Environmental Protection without further confirmation or verification, and the seller’s agent may rely on information obtained from the seller without further confirmation or verification. (d) When a buyer of real property which is located in a subdivision o which an individual sewage disposal system has been or will be installed receives the copy of the record plat under Section 40-2, the buyer must confirm in writing that the buyer has reviewed the plat, including any restrictions on the location of initial and reserve wells, individual sewage disposal systems, and the buildings to be served by any individual sewage disposal system.

(a) Before a buyer signs a contract for the sale of a covered building as defined in Section 18A-38A, the seller must: (1) disclose to the prospective buyer that the building is subject to building energy performance standards in Chapter 18A, Article 6; (2) transfer the following records to the prospective buyer: (A) the benchmarking property record from the benchmarking tool; (B) documentation of data verification; and (C) any other related records relevant to maintain compliance with Chapter 18A, Article 6; and (3) provide to the prospective buyer the following information: (A) performance baseline; (B) interim and final performance standards; and (C) building performance improvement plan. (b) The prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type, that the seller has made the disclosures and provided the information required by subsection (a).

It shall be the duty of the property owner's agent when selling either unimproved or improved real property located in the county, whether or not in a subdivision, or in the event an agent is not employed, it shall be the duty of the property owner, to disclose to the prospective purchaser, or if more than one (1) purchaser, to at least one (1) of the purchasers, prior to the entering into of a contract for sale of such property, the relative location of any airport or heliport, as defined in the county zoning ordinance, existing within a five-mile radius of the property.

(a) A contract of sale of improved residential real property shall disclose to the initial purchaser and any subsequent purchaser, during the life of the assessment, the estimated or actual costs, if known, of any deferred costs attributable to the improvement or construction of any transportation-related facility, for which the purchaser shall become liable pursuant to an agreement with Montgomery County. (b) In addition to the penalties of section 40-14, violation of this section entitles the purchaser to recover from the seller two (2) times the amount of the costs he is required to pay. (c) A notice contained in a contract of sale which is in substantial conformance with the following form shall constitute compliance with this section: "Seller herewith informs purchaser of the existence of deferred charges attributable to transportation-related facilities for which purchaser assumes liability in the estimated amount of $________ dollars."

(a) If any real property is located in an area designated as a special protection area under Section 19-62, the seller must disclose that fact to each prospective buyer before the buyer signs a contract for the sale of the property. (b) A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that: (1) the seller has provided the information required by section (a); and (2) the buyer understands that special water quality measures and certain restrictions on land uses and impervious surfaces may apply to this property.

(a) If any real property: (1) has been designated as a historic site in the master plan for historic preservation; (2) is located in an area designated as a historic district in that plan; or (3) is listed as a historic resource on the County locational atlas of historic sites, the seller must disclose that fact to each prospective buyer before the buyer signs a contract for the sale of the property. (b) A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that: (1) the seller has provided the information required by subsection (a); and (2) the buyer understands that special restrictions on land uses and physical changes may apply to this property, and the buyer may obtain more information about these restrictions from the staff of the County Historic Preservation Commission. (c) The County historic preservation staff must inform the public, by posting on a web site or another equally effective means, that the boundaries of any historic district have changed within 5 days after the change takes effect. The failure to post this notice does not invalidate any boundary change or other action.

(a) If any real property is located in, adjoins, or confronts an area zoned agricultural, as defined in Section 59-C-9.1, the seller must disclose to each prospective buyer, before the buyer signs a contract for the sale of the property, that existing County and State law is intended to discourage owners of real property adjacent to agricultural-zoned land from filing certain lawsuits against an owner or operator of an agricultural use in those areas. The following text must be substantially included in the disclosure: As required under Montgomery County Code § 40-12B, you are hereby notified that the state of Maryland and Montgomery County have enacted laws that establish agriculture as the preferred use on land zoned Rural Density Transfer and as a permitted use in other agricultural zones, as defined in Section 59-C-9.1 of the County Code. The property subject to this contract is located in, adjoins, or confronts an area zoned agricultural. Residents and other occupants of property near land in agricultural zones should be prepared to accept effects of usual and customary agricultural operations, facilities, and practices, including noise, odors, dust, smoke, insects, operation of machinery, storage and disposal of manure, unusual hours of operation, and other agricultural activities. Under Maryland law, an agricultural operation is not a nuisance, and a lawsuit may not be successful alleging that an agricultural operation interferes with the use or enjoyment of other property, if the agricultural operation: (1) has continued for at least 1 year; (2) complies with applicable health, environmental, zoning, and permit requirements; and (3) is not conducted negligently. County law may provide additional protections for agricultural uses on agricultural-zoned land. For further information, contact the Montgomery County Office of Agriculture. (b) A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that: (1) the seller has provided the information required by subsection (a); and (2) the buyer understands that: (A) adjacent property may be the source of agricultural-related nuisances; and (B) the buyer may obtain more information about these nuisances from the Montgomery County Office of Agriculture.

(a) Any written or electronically transmitted material that a seller produces or distributes in connection with the advertisement for sale of a specific residential real property located in the County must disclose the estimated full-year property tax that a buyer would be obligated to pay in the next full tax year after the property is transferred, based on all applicable rates in force when the material is produced. As used in this Section, the full-year property tax that must be estimated includes: (1) all State and County property taxes (including any applicable special service area tax), and any applicable municipal property taxes; and (2) any other non-tax fee or charge included on the consolidated tax bill. (b) If any material subject to subsection (a) mentions both the annual property tax that the current owner is obligated to pay and the annual property tax that a buyer would be obligated to pay after the property is transferred, the material must: (1) feature both tax amounts equally prominently; and (2) present the property tax that the buyer would be obligated to pay either immediately before or immediately after the property tax that the current owner is obligated to pay. (c) The estimate required by subsection (a) must be updated: (1) each July 1, to reflect changes in tax, fee, and charge rates; and (2) by January 31 if the current fiscal year is the third year of the property’s 3-year assessment cycle, to reflect the revised assessed value of the property issued by the State Department of Assessments and Taxation. (d) The Office of Consumer Protection must assist a seller in estimating the information required under subsection (a). (e) A seller or the seller’s agent is not liable for any incorrect information disclosed under this Section if the seller relied in good faith on a method approved or recommended by the County to estimate the information.

(a) Before the buyer signs a contract for the purchase of a new single-family residential real property in the County, the seller must disclose to each prospective buyer that a real property tax credit may be available to the buyer for the cost of installing accessibility features or the cost of Level I or Level II accessibility standards to the property as defined in Section 52-18U(a). (b) The disclosure must include general information about the types of improvements for which the credits are available and an estimate of the general cost to make the improvements. (c) A seller or the seller’s agent is not liable for any incorrect information disclosed under this Section if the seller or the seller’s agent relied in good faith on information provided by the County to describe the credit or to estimate the amount of the credit.

This Article does not supersede or otherwise affect any duty of a property seller, real estate agent, or broker to fully disclose all specific facts relevant to or affecting any property, imposed by any other law or regulation or any common law principle.

(a) Definitions. In this Section, the following words have the meanings indicated: Department means the Department of Environmental Protection. Director means the Director of the Department or the Director’s designee. Home energy audit means an evaluation of the energy efficiency of a home which includes any test or diagnostic measurement which the Department finds necessary to: (1) ensure that a home’s energy efficiency is accurately measured; or (2) identify steps that can be taken to improve a home’s energy efficiency. Office of Sustainability or Office means the Office of Sustainability in the Department of Environmental Protection created in Section 18A-13. Single-family home means a single-family detached or attached residential building. (b) Before signing a contract for the sale of a single-family home, the seller must provide the buyer with: (1) material approved by the Department that gives information about home energy efficiency improvements, including the benefit of conducting a home energy audit; and (2) copies of the electric, gas, and home heating oil bills or cost and usage history for the single-family home for the immediate prior 12 months, unless the single-family home was unoccupied for the entire prior 12 months. If the seller did not occupy the single-family home for the entire prior 12 months, the seller must provide the buyer with the required information for that part of the prior 12 months, if any, that the seller occupied the single-family home. (c) The Office of Sustainability must evaluate options to encourage homeowners to conduct a home energy audit, including whether the County should require a home energy audit to be conducted before the sale of a single-family home.

(a) Definitions. In this Section, the following words have the meanings indicated: Department means the Department of Environmental Protection. Director means the Director of the Department or the Director’s designee. Single-family home means a single-family detached or attached residential building. Single-family home does not include a residential unit that is part of a condominium regime or a cooperative housing corporation. Radon means a radioactive gas found in the air that comes from the natural breakdown of uranium in soil, rock, and water. Radon test means measuring the amount of radon in an indoor space: (1) with a device made for this purpose; (2) approved for use by the Director; and (3) performed in accordance with the protocols specified for the device used. (b) Except as provided in subsection (c), a single-family home located in the County must be tested for radon before completing a sale of the home. The radon test must be performed less than one year before the settlement date. The seller must either perform the test or permit the buyer to perform the test. Both the seller and the buyer must receive a copy of the results of the radon test. (c) The settlement of the sale of a single-family home located in the County may be completed without a radon test if the sale is: (1) exempt from the transfer tax under Md. Tax-Property Code, §13-207, as amended; (2) by a lender or an affiliate or subsidiary of a lender that acquired the home by foreclosure or deed in lieu of foreclosure; (3) a sheriff’s sale, tax sale, or sale by foreclosure, partition, or by court appointed trustee; (4) a transfer by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust; or (5) a transfer of a home to be converted by the buyer into a use other than residential or to be demolished.

Any violation of this Article is a class A violation. The Office of Consumer Protection must enforce this Article.