Title 10. Sales of Property — Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
Statutes in effect as of October 1, 2026.
Md. Code Ann., Real Prop. § 10-701 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–701LinkCopy Citation
In Prince George’s County, a contract of sale of real property creating a subdivision for which a plat of subdivision has not been recorded, shall contain the following notice:
“The subdivision of land to be created by this transaction has not been approved by the Maryland–National Capital Park and Planning Commission, the Maryland Department of Health, or any other agency of the State or county. The approval of one or more of these agencies may be necessary before any building permit is issued.”
Md. Code Ann., Real Prop. § 10-702 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–702LinkCopy Citation
(a)
In this section, “latent defects” means 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.
(b)
(1)
This section applies only to single family residential real property improved by four or fewer single family units.
(2)
This section does not apply to:
(i)
The initial sale of single family residential real property:
(1)
That has never been occupied; or
(2)
For which a certificate of occupancy has been issued within 1 year before the vendor and purchaser enter into a contract of sale;
(ii)
A transfer that is exempt from the transfer tax under § 13-207 of the Tax - Property Article, except land installment contracts of sale 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;
(iii)
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;
(iv)
A sheriff's sale, tax sale, or sale by foreclosure, partition, or by court appointed trustee;
(v)
A transfer by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;
(vi)
A transfer of single family residential real property to be converted by the buyer into a use other than residential use or to be demolished; or
(vii)
A sale of unimproved real property.
(c)
(1)
A vendor of single family residential real property shall complete and deliver to each purchaser:
(i)
A written residential property condition disclosure statement on a form provided by the State Real Estate Commission; or
(ii)
A written residential property disclaimer statement on a form provided by the State Real Estate Commission.
(2)
The State Real Estate Commission shall develop by regulation a single standardized form that includes the residential property condition disclosure and disclaimer statements required by this subsection.
(d)
The residential property disclaimer statement shall:
(1)
Disclose any latent defects of which the vendor has actual knowledge that a purchaser would not reasonably be expected to ascertain by a careful visual inspection and that would pose a direct threat to the health or safety of the purchaser or an occupant; and
(2)
State that:
(i)
Except for latent defects disclosed under item (1) of this subsection, the vendor makes no representations or warranties as to the condition of the real property or any improvements on the real property; and
(ii)
The purchaser will be receiving the real property “as is”, with all defects, including latent defects, that may exist, except as otherwise provided in the contract of sale of the real property.
(e)
(1)
The residential property disclosure statement shall disclose those items that, to carry out the provisions of this section, the State Real Estate Commission requires to be disclosed about the physical condition of the property.
(2)
The disclosure form shall include a list of defects, including latent defects, or information of which the vendor has actual knowledge in relation to the following:
(i)
Water and sewer systems, including the source of household water, water treatment systems, and sprinkler systems;
(ii)
Insulation;
(iii)
Structural systems, including the roof, walls, floors, foundation, and any basement;
(iv)
Plumbing, electrical, heating, and air conditioning systems;
(v)
Infestation of wood–destroying insects;
(vi)
Land use matters;
(vii)
Hazardous or regulated materials, including asbestos, lead–based paint, radon, underground storage tanks, and licensed landfills;
(viii)
Any other material defects of which the vendor has actual knowledge;
(ix)
Whether the smoke alarms:
(1)
Will provide an alarm in the event of a power outage;
(2)
Are over 10 years old; and
(3)
If battery operated, are sealed, tamper resistant units incorporating a silence/hush button and use long–life batteries as required in all Maryland homes by 2018; and
(x)
If the property relies on the combustion of a fossil fuel for heat, ventilation, hot water, or clothes dryer operation, whether a carbon monoxide alarm is installed on the property.
(3)
The disclosure form shall contain:
(i)
A notice to prospective purchasers and vendors that the prospective purchaser or vendor may wish to obtain professional advice about or an inspection of the property;
(ii)
A notice to prospective purchasers that disclosure by the seller is not a substitute for an inspection by an independent home inspection company, and that the purchaser may wish to obtain such an inspection;
(iii)
A notice to purchasers that the information contained in the disclosure statement is the representation of the vendor and is not the representation of the real estate broker or salesperson, if any; and
(iv)
A notice to purchasers that the information contained in the disclosure statement is not a warranty by the vendor as to:
(1)
The condition of the property of which the vendor has no actual knowledge; or
(2)
Other conditions of which the vendor has no actual knowledge.
(4)
The vendor is not required to undertake or provide an independent investigation or inspection of the property in order to make the disclosures required by this section.
(f)
(1)
Except as provided in paragraphs (2) and (3) of this subsection, the vendor shall deliver the completed disclosure or disclaimer statement required by this section to the purchaser on or before entering into a contract of sale by the vendor and the purchaser.
(2)
The disclosure or disclaimer statement shall be delivered to each purchaser before the execution of the contract of sale by the purchaser in the case of a land installment contract, as defined in § 10-101 of this title.
(3)
The disclosure or disclaimer statement shall be delivered to each purchaser before the execution by the purchaser of an option to purchase agreement or a lease agreement containing an option to purchase provision.
(4)
At the time the disclosure or disclaimer statement is delivered, each purchaser shall date and sign a written acknowledgment of receipt, which shall be included in or attached to the contract of sale.
(g)
A purchaser who receives the disclosure or disclaimer statement on or before entering into the contract of sale does not have the right to rescind the contract of sale based upon the information contained in the statement.
(h)
(1)
A purchaser who does not receive the disclosure or disclaimer statement on or before entering into the contract of sale has the unconditional right, upon written notice to the vendor or vendor’s agent:
(i)
To rescind the contract of sale at any time before the receipt of the disclosure or disclaimer statement or within 5 days following receipt of the disclosure or disclaimer statement; and
(ii)
To the immediate return of any deposits made on account of the contract.
(2)
A purchaser’s right to rescind the contract of sale under this subsection terminates if not exercised:
(i)
Before making a written application to a lender for a mortgage loan, if the lender discloses in writing at or before the time application is made that the right to rescind terminates on submission of the application; or
(ii)
Within 5 days following receipt of a written disclosure from a lender who has received the purchaser’s application for a mortgage loan, if the lender’s disclosure states that the purchaser’s right to rescind terminates at the end of that 5–day period.
(3)
The return of any deposits held in trust by a licensed real estate broker to a purchaser under this subsection shall comply with the procedures set forth in § 17–505 of the Business Occupations and Professions Article.
(i)
(1)
A disclosure statement made under this section does not constitute a warranty by the vendor as to:
(i)
The condition of the property of which the vendor has no actual knowledge; or
(ii)
Other conditions of which the vendor has no actual knowledge.
(2)
A vendor is not liable for an error, inaccuracy, or omission in a disclosure statement made under this section if the error, inaccuracy, or omission was based upon information that was:
(i)
Not within the actual knowledge of the vendor;
(ii)
Provided to the vendor by a unit or instrumentality of the State government or of a political subdivision; or
(iii)
Provided to the vendor by a report or opinion prepared by a licensed engineer, land surveyor, geologist, wood-destroying insect control expert, contractor, or other home inspection expert, dealing with matters within the scope of the professional's license or expertise.
(j)
(1)
A report or opinion prepared by an expert shall satisfy the requirement of subsection (i)(2)(iii) of this section if the information is provided to the vendor pursuant to a written or oral request for the information.
(2)
In responding to a request for information, the reporting party:
(i)
May indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of this section; and
(ii)
If so indicating, shall indicate the required disclosures, or parts of required disclosures, to which the information being provided is applicable.
(3)
If the reporting party provides the statement under paragraph (2)(ii) of this subsection, the reporting party is not responsible for any items of information, or parts of items, other than those expressly set forth in the statement.
(k)
(1)
The rights of a purchaser under this section may not be waived in the contract of sale and any attempted waiver is void.
(2)
Any rights of the purchaser to terminate the contract provided by this section are waived conclusively if not exercised before:
(i)
Closing or occupancy by the purchaser, whichever occurs first, in the event of a sale; or
(ii)
Occupancy, in the event of a lease with option to purchase.
(l)
Each contract of sale shall include a conspicuous notice advising the purchaser of the purchaser's rights as set forth in this section.
(m)
(1)
The real estate licensee representing a vendor of residential real property as the listing broker has a duty to inform the vendor of the vendor's rights and obligations under this section.
(2)
The real estate licensee representing a purchaser of residential real property, or, if the purchaser is not represented by a licensee, the real estate licensee representing an owner of residential real estate and dealing with the purchaser, has a duty to inform the purchaser of the purchaser's rights and obligations under this section.
(3)
If a real estate licensee performs the duties specified in this subsection, the licensee:
(i)
Shall have no further duties under this section to the parties to a residential real estate transaction; and
(ii)
Is not liable to any party to a residential real estate transaction for a violation of this section.
Md. Code Ann., Real Prop. § 10-703 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–703LinkCopy Citation
(a)
This section applies only to single family residential real property in Anne Arundel County improved by four or fewer single family units.
(b)
All contracts of sale for residential real property shall contain the following notice:
“The buyer fully understands that in order to become more fully informed of the current and future land–use plans, facility plans, public works plans, school plans, or other plans affecting the property or area, the buyer should consult the appropriate county agency or county Internet website for information regarding these plans.”
(c)
All local laws requiring disclosure to home buyers of information substantially similar to subsection (b) of this section prevail over the requirements of this section.
Md. Code Ann., Real Prop. § 10-704 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–704LinkCopy Citation
(a)
In Frederick County, the vendor of a property that is subject to a tax or fee of a special taxing district as authorized in § 21–409 of the Local Government Article or by a community development authority as authorized in § 2–7–125(b) of the Public Local Laws of Frederick County may not enforce a contract for the sale of the property unless within 20 calendar days after entering into the contract, the purchaser of the property is provided the following information in writing:
(1)
In conspicuous, bold, and underscored type, substantially the same as the following clause:
“This sale is subject to a tax or fee of a (special taxing district or community development authority). State law requires that the seller disclose to you at or before the time the contract is entered into, or within 20 calendar days after entering into the contract, certain information concerning the property you are purchasing. The content of the information to be disclosed is set forth in § 10–704 of the Real Property Article of the Maryland Annotated Code and includes the amount of the current annual tax or fee of the (special taxing district or community development authority) for the property, the number of years remaining for the tax or fee of the (special taxing district or community development authority), and a statement of whether any tax or fee of the (special taxing district or community development authority) against the property is delinquent.”;
(2)
The amount of the current annual tax or fee of the special taxing district or community development authority for the property;
(3)
The number of years remaining for the tax or fee of the special taxing district or community development authority on the property; and
(4)
Whether any tax or fee of the special taxing district or community development authority against the property is delinquent.
(b)
The requirements of subsection (a) of this section shall be deemed fulfilled if the information required to be provided to the purchaser is done so in writing, in a clear and concise manner.
(c)
The statement required under subsection (a)(1) of this section may be provided to the purchaser by the inclusion of the statement as a clause in the contract for sale of the property.
Md. Code Ann., Real Prop. § 10-705 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–705LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Conservation easement” means an easement, covenant, restriction, or condition on real property, including an amendment to an easement, covenant, restriction, or condition, as provided for in § 2–118 of this article that is:
(i)
Owned by:
(1)
The Maryland Environmental Trust;
(2)
The Maryland Historical Trust;
(3)
The Maryland Agricultural Land Preservation Foundation;
(4)
The Maryland Department of Natural Resources;
(5)
A county or municipal corporation and is funded by the Maryland Department of Natural Resources, the Rural Legacy Program, or a local agricultural preservation program; or
(6)
A land trust; or
(ii)
Required by a permit issued by the Department of the Environment.
(3)
“Land trust” means an organization that:
(i)
Is a qualified organization under § 170(h)(3) of the Internal Revenue Code and regulations adopted under that section; and
(ii)
Has executed a cooperative agreement with the Maryland Environmental Trust.
(b)
(1)
This section applies to the sale of property encumbered by a conservation easement.
(2)
This section does not apply to the sale of property in an action to foreclose a mortgage or deed of trust.
(c)
A vendor of real property encumbered by one or more conservation easements shall, on or before entering into a contract for the sale of the property, deliver to each purchaser:
(1)
The notice described in subsection (d) of this section; and
(2)
A copy of all conservation easements encumbering the property.
(d)
The notice required under subsection (c)(1) of this section shall be in a form substantially the same as the following:
“This property is encumbered by one or more conservation easements or other restrictions limiting or affecting uses of the property. Maryland law requires that the vendor deliver to the purchaser copies of all conservation easements on or before the day the contract is entered into. The purchaser should review all conservation easements carefully to ascertain the purchaser’s rights, responsibilities, and obligations under each conservation easement, including any requirement that after the sale the purchaser must inform the owner of the conservation easement of the sale of the property.”.
(e)
(1)
A purchaser who receives the notice and copies of the easements required under subsection (c) of this section on or before entering into a contract of sale does not have the right to rescind the contract of sale based on the information received from the vendor.
(2)
A purchaser who does not receive the notice and copies of the easements required under subsection (c) of this section on or before entering into a contract of sale, on written notice to the vendor or the vendor’s agent:
(i)
Has the unconditional right to rescind the contract at any time before, or within 5 days after, receipt of the notice and copies of the easements; and
(ii)
Is entitled to the immediate return of any deposits made in accordance with the contract.
(f)
(1)
Within 30 calendar days after a sale of property encumbered by a conservation easement, the purchaser shall notify the owner of a conservation easement of the sale.
(2)
The notification shall include, to the extent reasonably available:
(i)
The name and address of the purchaser;
(ii)
The name of the vendor;
(iii)
The address of the property; and
(iv)
The date of the sale.
(g)
In satisfying the requirements of subsection (c) of this section, the vendor and purchaser shall be entitled to rely on the conservation easement recorded in the land records of the county where the property is located.
Md. Code Ann., Real Prop. § 10-706 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–706LinkCopy Citation
(a)
(1)
This section applies only to the sale of residential real property in Harford County.
(2)
This section does not apply to:
(i)
A sale of property to a purchaser who does not intend to occupy the property; or
(ii)
A sale in an action to foreclose a mortgage, deed of trust, or other lien.
(b)
The vendor of property that is subject to a tax of a special taxing district as authorized in §§ 21–503, 21–504, and 21–519 through 21–523 of the Local Government Article may not enforce a contract for the sale of the property unless:
(1)
The purchaser of the property is provided with the following information in writing:
(i)
A description of the area included within the special taxing district;
(ii)
The maximum amount of bonds and other obligations to be issued with respect to the special taxing district;
(iii)
A description of the purposes for which the special taxing district was created, and for which the bonds or other obligations have been issued, including a description of any improvements;
(iv)
The amount of special taxes levied on the property for the most recent year or, if taxes were not levied on the property for the most recent year, a good–faith estimate of the annual tax that will be levied on the property;
(v)
The maximum amount of special taxes that may be levied on the property in a year;
(vi)
The projected time period over which any bonds or obligations issued in connection with the special taxing district are to be repaid; and
(vii)
A description of the purchaser’s right to fully prepay the special taxing district obligations; and
(2)
The contract for the sale of the property contains a notice, written in conspicuous, bold, and underscored type, that is substantially the same as the following:
“NOTICE REQUIRED BY MARYLAND LAW
The property that is the subject of this contract is located within a special taxing district, which has been created for the purpose of financing or refinancing the costs related to certain infrastructure improvements within the taxing district. These costs will be repaid from the proceeds of special taxes collected from the owners of properties located within the special taxing district.
State law requires that the seller disclose to you, at or before the time you enter into this contract, the following information: (1) a description of the area included within the special taxing district, (2) the maximum amount of bonds and other obligations to be issued with respect to the special taxing district, (3) a description of the purposes for which the special taxing district was created, and for which the bonds or other obligations have been issued, including a description of any infrastructure improvements, (4) the amount of special taxes levied on the property for the most recent year or, if taxes were not levied on the property for the most recent year, a good–faith estimate of the annual tax that will be levied on the property, (5) the maximum amount of special taxes that may be levied on the property in a year, (6) the projected time period over which any bonds or obligations issued in connection with the special taxing district are to be repaid, and (7) your right as the prospective owner of the property to fully prepay the special taxing district obligations with respect to the property.
You have 7 calendar days from the date you receive the above information relating to the special taxing district to cancel this contract by sending a written notice of cancellation to the seller. You are not required to state a reason for canceling the contract. Upon cancellation of the contract, you are entitled to a refund of any deposit you may have made under this contract.
A seller may not require that you waive your right to receive the information relating to the special taxing district or your right to cancel the contract within 7 calendar days of receipt of the information. A seller may not require that you close the sale under this contract within 7 calendar days from the date you receive the information relating to the special taxing district.
State law provides that any seller who, in disclosing the information relating to the special taxing district, makes any false statement of a material fact or omits a material fact that, in light of the circumstances under which the statements were made, is necessary to make the statements not misleading is liable to the purchaser for damages proximately caused by the seller’s false or omitted statement. Any action for damages caused by the seller’s false statement or omission of a material fact must be brought within 1 year from the date of closing under this contract.
You should carefully review the information relating to the special taxing district provided by the seller to familiarize yourself with your rights and obligations as a prospective owner of property located within the special taxing district.”
(c)
(1)
The requirements of subsection (b)(1) of this section shall be deemed fulfilled if the information required to be provided to the purchaser is provided to the purchaser in writing, in a clear and concise manner.
(2)
A vendor may provide the purchaser with the information required under subsection (b)(1) of this section by providing the purchaser with a collection of documents if the documents convey the information required under subsection (b)(1) of this section in a clear and concise manner.
(3)
In satisfying the requirements of subsection (b)(1) of this section, the vendor may rely on any document that, in connection with the creation of the special taxing district, was filed by the owner of the property in the land records of the county in which the property is located.
(d)
(1)
A purchaser under a contract for the sale of property that is subject to this section may cancel the contract within 7 calendar days of receiving the information under subsection (b)(1) of this section by delivering written notice of cancellation to the vendor.
(2)
Unless the purchaser consents to an earlier settlement date, the settlement of a contract for the sale of property that is subject to this section may not take place within 7 calendar days from the date the purchaser receives the information required under subsection (b)(1) of this section.
(3)
Notice under paragraph (1) of this subsection shall be delivered by:
(i)
Hand–delivery; or
(ii)
First–class mail.
(4)
On cancellation of a contract for the purchase of property under paragraph (1) of this subsection, the vendor shall refund to the purchaser any deposits paid by, or on behalf of, the purchaser under the canceled contract.
(e)
(1)
Any vendor that, in providing the purchaser with the information required under subsection (b)(1) of this section, makes any false statement of a material fact or omits a material fact that, in light of the circumstances under which the statements were made, is necessary to make the statements not misleading is liable to the purchaser for damages proximately caused by the vendor’s false or omitted statement.
(2)
An action brought under paragraph (1) of this subsection must be brought within 1 year from the date of settlement of the contract of sale.
Md. Code Ann., Real Prop. § 10-707 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–707LinkCopy Citation
(a)
(1)
This section applies only to the sale of residential real property in Cecil County.
(2)
This section does not apply to:
(i)
A sale of property to a purchaser who does not intend to occupy the property; or
(ii)
A sale in an action to foreclose a mortgage, deed of trust, or other lien.
(b)
The vendor of property that is subject to a tax of a special taxing district as authorized in §§ 21–503, 21–504, and 21–519 through 21–523 of the Local Government Article may not enforce a contract for the sale of the property unless:
(1)
The purchaser of the property is provided with the following information in writing on or before entering into the contract for the sale of the property:
(i)
A description of the area included within the special taxing district;
(ii)
The maximum amount of bonds and other obligations to be issued with respect to the special taxing district;
(iii)
A description of the purposes for which the special taxing district was created, and for which the bonds or other obligations have been issued, including a description of any improvements;
(iv)
The amount of special taxes levied on the property for the most recent year or, if taxes were not levied on the property for the most recent year, a good–faith estimate of the annual tax that will be levied on the property;
(v)
The maximum amount of special taxes that may be levied on the property in a year;
(vi)
The projected time period over which any bonds or obligations issued in connection with the special taxing district are to be repaid; and
(vii)
A description of the purchaser’s right to fully prepay the special taxing district obligations; and
(2)
The contract for the sale of the property contains a notice, written in conspicuous, bold, and underscored type, that is substantially the same as the following:
“NOTICE REQUIRED BY MARYLAND LAW
The property that is the subject of this contract is located within a special taxing district, which has been created for the purpose of financing or refinancing the costs related to certain infrastructure improvements within the taxing district. These costs will be repaid from the proceeds of special taxes collected from the owners of properties located within the special taxing district.
State law requires that the seller disclose to you, at or before the time you enter into this contract, the following information: (1) a description of the area included within the special taxing district, (2) the maximum amount of bonds and other obligations to be issued with respect to the special taxing district, (3) a description of the purposes for which the special taxing district was created, and for which the bonds or other obligations have been issued, including a description of any infrastructure improvements, (4) the amount of special taxes levied on the property for the most recent year or, if taxes were not levied on the property for the most recent year, a good–faith estimate of the annual tax that will be levied on the property, (5) the maximum amount of special taxes that may be levied on the property in a year, (6) the projected time period over which any bonds or obligations issued in connection with the special taxing district are to be repaid, and (7) your right as the prospective owner of the property to fully prepay the special taxing district obligations with respect to the property.
You have 20 calendar days from the date you receive the above information relating to the special taxing district to cancel this contract by sending a written notice of cancellation to the seller. You are not required to state a reason for cancelling the contract. Upon cancellation of the contract, you are entitled to a refund of any deposit you may have made under this contract.
A seller may not require that you waive your right to receive the information relating to the special taxing district or your right to cancel the contract within 20 calendar days of receipt of the information. A seller may not require that you close the sale under this contract within 20 calendar days from the date you receive the information relating to the special taxing district.
State law provides that any seller who, in disclosing the information relating to the special taxing district, makes any false statement of a material fact or omits a material fact that, in light of the circumstances under which the statements were made, is necessary to make the statements not misleading is liable to the purchaser for damages proximately caused by the seller’s false or omitted statement. Any action for damages caused by the seller’s false statement or omission of a material fact must be brought within 1 year from the date of closing under this contract.
You should carefully review the information relating to the special taxing district provided by the seller to familiarize yourself with your rights and obligations as a prospective owner of property located within the special taxing district.”
(c)
(1)
The requirements of subsection (b)(1) of this section shall be deemed fulfilled if the information required to be provided to the purchaser is provided to the purchaser in writing, in a clear and concise manner.
(2)
A vendor may provide the purchaser with the information required under subsection (b)(1) of this section by providing the purchaser with a collection of documents if the documents convey the information required under subsection (b)(1) of this section in a clear and concise manner.
(3)
In satisfying the requirements of subsection (b)(1) of this section, the vendor may rely on any document that, in connection with the creation of the special taxing district, was filed by the owner of the property in the land records of the county in which the property is located.
(d)
(1)
A purchaser under a contract for the sale of property that is subject to this section may cancel the contract within 20 calendar days of receiving the information under subsection (b)(1) of this section by delivering written notice of cancellation to the vendor.
(2)
Unless the purchaser consents to an earlier settlement date, the settlement of a contract for the sale of property that is subject to this section may not take place within 20 calendar days from the date the purchaser receives the information required under subsection (b)(1) of this section.
(3)
Notice under paragraph (1) of this subsection shall be delivered by:
(i)
Hand–delivery; or
(ii)
First–class mail.
(4)
On cancellation of a contract for the purchase of property under paragraph (1) of this subsection, the vendor shall refund to the purchaser any deposits paid by, or on behalf of, the purchaser under the cancelled contract.
(e)
(1)
Any vendor that, in providing the purchaser with the information required under subsection (b)(1) of this section, makes any false statement of a material fact or omits a material fact that, in light of the circumstances under which the statements were made, is necessary to make the statements not misleading is liable to the purchaser for damages proximately caused by the vendor’s false or omitted statement.
(2)
An action brought under paragraph (1) of this subsection must be brought within 1 year from the date of settlement of the contract of sale.
Md. Code Ann., Real Prop. § 10-708 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–708LinkCopy Citation
(a)
In this section, “transfer fee” means a charge payable on the transfer of an interest in real property or payable for the right to accept a transfer of an interest in real property.
(b)
This section does not apply to:
(1)
An instrument conveying a fee simple interest in real property that provides for consideration paid by the purchaser to the vendor for the interest being transferred;
(2)
The payment of principal, interest, or fees under a mortgage loan agreement on the sale of property by the mortgagee;
(3)
A limited liability company, limited liability partnership, corporation, joint venture, or partnership agreement in which a member, shareholder, or partner contributes real property to the limited liability company, limited liability partnership, corporation, joint venture, or partnership agreement;
(4)
An agreement providing for a series of related transfers of a fee simple interest in real property if the agreement states the price of the transferred interest, any consideration exchanged, the name of the vendor, the name of the purchaser, and any other essential terms for each transfer of interest;
(5)
An affordable housing covenant, servitude, easement, condition, or restriction in a deed, declaration, land sale contract, loan agreement, promissory note, trust deed, mortgage, security agreement, or other instrument, including instruments executed by:
(i)
A public body;
(ii)
An agency of the federal government;
(iii)
A corporation whose purposes include providing affordable housing for low–income and moderate–income households;
(iv)
A limited liability company with at least one member that is a corporation described under item (iii) of this paragraph;
(v)
A consumer housing cooperative; or
(vi)
A federally recognized Indian tribe;
(6)
A fee required to be paid to:
(i)
A homeowners association as defined in § 11B–101 of this article;
(ii)
A council of unit owners as defined in § 11–101 of this article;
(iii)
A managing entity of a timeshare plan as defined in § 11A–101 of this article;
(iv)
Any other owners association that is governed by recorded covenants, conditions, and restrictions; or
(v)
An agent for an association or managing entity described in this paragraph; or
(7)
An agreement with a person licensed to provide real estate brokerage services under Title 17 of the Business Occupations and Professions Article to pay a commission to the licensee for the real estate brokerage services provided.
(c)
(1)
A person who conveys a fee simple interest in real property may not record a covenant against the title to the real property for the payment of a transfer fee.
(2)
A covenant that requires the payment of a transfer fee on the conveyance of a fee simple interest in real property is void.
Md. Code Ann., Real Prop. § 10-709 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–709LinkCopy Citation
(a)
A contract of sale for single family residential real property improved by four or fewer single family units shall contain notice of the right to appeal provided under § 14–502(a)(2) of the Tax – Property Article.
(b)
The notice required under subsection (a) of this section shall be in substantially the following form:
“If any real property is transferred after January 1 and before the beginning of the next taxable year to a new owner, the new owner may submit a written appeal as to a value or classification on or before 60 days after the date of the transfer.”
Md. Code Ann., Real Prop. § 10-710 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–710LinkCopy Citation
(a)
In this section, “community amenity” includes:
(1)
A country club;
(2)
A golf course;
(3)
A health club;
(4)
A park;
(5)
A swimming pool;
(6)
A tennis court; and
(7)
A walking trail.
(b)
(1)
In Prince George’s County, a contract of sale for residential real property that includes an agreement by the home builder to provide a community amenity shall include a disclosure statement that:
(i)
Identifies the community amenity provided in the contract of sale; and
(ii)
Specifies when the community amenity will be completed in accordance with a recreational facilities agreement recorded with the Prince George’s County Planning Department.
(2)
The disclosure statement required under paragraph (1) of this subsection shall be:
(i)
Dated and signed by the purchaser and the home builder; and
(ii)
Included in or attached to the contract of sale.
(3)
A purchaser who does not receive the disclosure statement required under paragraph (1) of this subsection on or before entering into the contract of sale has an unconditional right, on written notice to the home builder, to rescind the contract of sale at any time:
(i)
Before the receipt of the disclosure statement; or
(ii)
Within 5 days after receipt of the disclosure statement.
(c)
Any advertising for the sale of residential real property in a community development in Prince George’s County that will include a community amenity shall include disclosure of the requirements under this section.
(d)
In Prince George’s County, a home builder that does not make the community amenity available as provided in the contract of sale may be liable for breach of contract.
(e)
In Prince George’s County, a home builder shall make a copy of any recreational facilities agreement recorded with the Prince George’s County Planning Department available to prospective purchasers in the sales or management office of the community development.
(f)
In Prince George’s County, a home builder shall display the following information in the sales or management office of the community development in a location visible to prospective purchasers:
(1)
The amenities listed in any recreational facilities agreement recorded with the Prince George’s County Planning Department;
(2)
A detailed site plan and the building permit number of each amenity listed in the recreational facilities agreement; and
(3)
The expected completion dates of each amenity as stated in the recreational facilities agreement.
Md. Code Ann., Real Prop. § 10-711 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–711LinkCopy Citation
(a)
In this section, “zone of dewatering influence” means the area around a surface mine in karst terrain designated by the Department of the Environment under § 15–813 of the Environment Article.
(b)
This section applies only to the sale of a property located within Baltimore County, Carroll County, Frederick County, and Washington County.
(c)
A contract for the sale of real property shall include, in conspicuous, bold, and underscored type, the following buyer notice in the contract:
“Notice on Zones of Dewatering Influence
A purchaser of real property located in Baltimore County, Carroll County, Frederick County, or Washington County is advised to contact the Maryland Department of the Environment to determine whether the real property for purchase is located within a zone of dewatering influence. Maryland Law provides certain remedies for property impacted by dewatering.”.
(d)
(1)
A purchaser that receives the notice required under subsection (c) of this section on or before entering into a contract of sale does not have the right to rescind the contract of sale based on the information received from the vendor under subsection (c) of this section.
(2)
(i)
A purchaser that does not receive the notice required under subsection (c) of this section on or before entering into a contract of sale, on written notice to the vendor or the vendor’s agent:
(1)
Has the unconditional right to rescind the contract at any time before, or within 5 days after, receipt of the notice required under subsection (c) of this section; and
(2)
Is entitled to the immediate return of any deposits made in accordance with the contract.
(ii)
The return of any deposits held in trust by a licensed real estate broker to a purchaser under subparagraph (i)2 of this paragraph shall comply with the procedures set forth in § 17–505 of the Business Occupations and Professions Article.
Md. Code Ann., Real Prop. § 10-712 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–712LinkCopy Citation
(a)
A contract of sale for single–family residential real property in Montgomery County shall include a notice that school boundaries designated for the property may be subject to change.
(b)
A contract subject to the requirements of subsection (a) of this section may not be voided solely because:
(1)
The notice required under subsection (a) of this section is not included in the contract; or
(2)
The buyer does not initial the notice required under subsection (a) of this section.
Md. Code Ann., Real Prop. § 10-713 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–713LinkCopy Citation
(a)
In this section, “maximum contaminant level” and “water quality testing” have the meanings stated in § 9–4A–01 of the Environment Article.
(b)
(1)
A contract for the sale of real property on which a private or domestic water supply well is located shall include a provision requiring, as a condition of the sale, that the purchaser ensure that water quality testing of the well be conducted.
(2)
(i)
Settlement on the contract for the sale of the real property may not occur until the vendor and the purchaser have each received and reviewed the results of the water quality testing conducted under this subsection.
(ii)
At settlement on the contract for the sale of the real property, the vendor and the purchaser shall each certify in writing that they have received and reviewed the results of the water quality testing.
(3)
For the purpose of this subsection, the results of the water quality testing remain valid for 3 years.
(4)
A purchaser may waive in writing the water quality testing requirements under this subsection.
(c)
(1)
This subsection applies to a State–certified laboratory that conducts water quality testing for the purpose of complying with this section.
(2)
A State–certified laboratory shall provide the results of a water quality test on a standardized reporting form, as required by the Department of the Environment, that includes a report on any substance that exceeds:
(i)
The maximum contaminant level for that substance; or
(ii)
A harmful level for that substance, as determined by the Department of the Environment.
(3)
A State–certified laboratory may provide the results of water quality testing only to:
(i)
(1)
The vendor and purchaser of real property for which the water quality testing was conducted; and
(2)
Any person authorized by the vendor or purchaser;
(ii)
The Department of the Environment in accordance with paragraph (4) of this subsection; and
(iii)
Any person designated by a court order.
(4)
Within 5 business days after completion of water quality testing, a State–certified laboratory shall submit to the Department of the Environment the results of water quality testing and include the following information:
(i)
A statement that the water quality testing is for the purpose of complying with this section;
(ii)
The location of the real property, described by block and lot number, street address, county, and, if applicable, municipality;
(iii)
The name and mailing address of the person that requested the water quality testing;
(iv)
The name of the employee or an authorized representative of the laboratory who collected the well water sample;
(v)
The date and time that the well water sample was collected and the specific point of collection;
(vi)
The date and time the well water sample was analyzed by the laboratory;
(vii)
Whether the well water sample is raw water or finished water;
(viii)
The well tag number, if known; and
(ix)
Any other information required by the Department of the Environment.
Md. Code Ann., Real Prop. § 10-714 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–714LinkCopy Citation
(a)
The seller of residential property that is located within 1 mile of a National Priorities List (NPL) Superfund site shall provide the buyer with an addendum to the contract of sale that contains, in conspicuous type:
(1)
Identification of the Superfund site that is within 1 mile of the property;
(2)
The definition of a National Priorities List (NPL) Superfund site under U.S. Environmental Protection Agency guidelines;
(3)
The Uniform Resource Locator (URL) for the following U.S. Environmental Protection Agency websites:
(i)
Search for Superfund Sites Where You Live; and
(ii)
Superfund Human Exposure Dashboard; and
(4)
A notice that within 5 days after signing and dating the contract of sale and on written notice to the seller, the buyer:
(i)
May void the contract of sale; and
(ii)
On rescission of the contract of sale, shall receive a full refund of any money paid to the seller.
(b)
An addendum under subsection (a) of this section shall be provided in the following form or a substantially similar form:
“NATIONAL PRIORITIES LIST (NPL) SUPERFUND SITE DISCLOSURE ADDENDUM (the “Addendum”)
BUYER and SELLER hereby acknowledge that:
(1)
A National Priorities List (NPL) Superfund site is a site of national priority among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States and its territories;
(2)
The SELLER hereby notifies the BUYER that the property is located within 1 mile of ____________________________, which is a National Priorities List (NPL) Superfund site. Information about the location of Superfund sites throughout the State of Maryland and across the United States can be found at the Environmental Protection Agency’s Search for Superfund Sites Where You Live website; and
(3)
The BUYER hereby acknowledges that within five (5) days after signing and dating the Addendum, and on written notice to the SELLER, the BUYER may void the Contract of Sale and is entitled to the return of any money paid to the SELLER on account of the Contract of Sale.
SELLER Signature _____________________________ Date _______________
BUYER Signature ______________________________ Date _______________”.
Md. Code Ann., Real Prop. § 10-715 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–715LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Residential property” means property improved by four or fewer single–family dwelling units that are designed principally and are intended for human habitation.
(3)
“Wholesale buyer” means a person that enters into a contract of sale with an owner of owner–occupied residential property in order to assign the contract to another person for a monetary assignment fee.
(4)
“Wholesale seller” means a person that, without holding legal title to owner–occupied residential property:
(i)
Enters into a contract of sale for the property; and
(ii)
Assigns the person’s beneficial interest in the property to another.
(b)
This section does not apply to a sale proceeding under § 14–215 of the Maryland Rules.
(c)
(1)
Before entering into a contract of sale for residential property, a wholesale buyer shall disclose in writing to the owner of the property that the wholesale buyer may assign the contract of sale to another person.
(2)
Before assigning a contract of sale for residential property, a wholesale seller shall disclose in writing to a prospective assignee that the wholesale seller holds an equitable interest in the property and may not be able to convey title to the property.
(d)
Notwithstanding any provision of a contract of sale or any other agreement, an owner of residential property may rescind a contract of sale to a wholesale buyer, or the assignee or successor of a wholesale buyer, without penalty at any time before closing if the wholesale buyer:
(1)
Does not provide notice in accordance with the requirements of this section; and
(2)
Assigns the contract of sale.
(e)
(1)
Notwithstanding any provision of a contract of sale or any other agreement, an assignee may rescind the agreement to purchase under the assigned contract of sale for residential property without penalty at any time before closing if a wholesale seller does not provide notice in accordance with the requirements of this section.
(2)
An assignee that rescinds a contract under paragraph (1) of this subsection is entitled to a refund of any deposit paid in connection with the assignment of a contract of sale of the residential property.
Md. Code Ann., Real Prop. § 10-716 (2026)
Title 10. Sales of Property
Subtitle 7. Contracts of Sale -- Miscellaneous Provisions
§ 10–716LinkCopy Citation
(a)
In this section, “FEMA elevation certificate” has the meaning stated in § 5–810 of the Environment Article.
(b)
(1)
This section applies only to residential real property improved by four or fewer single family units.
(2)
This section does not apply to:
(i)
The initial sale of a single family residence that:
(1)
Has never been occupied; or
(2)
A certificate of occupancy has been issued for within 1 year before the date on which the vendor and purchaser enter into a contract of sale;
(ii)
A transfer of property that is exempt from the transfer tax under § 13–207 of the Tax – Property Article, except:
(1)
A land installment contract of sale; or
(2)
An option to purchase real property;
(iii)
A sale by a lender, or an affiliate of a lender, that acquired the real property by foreclosure or deed in lieu of foreclosure;
(iv)
A sheriff’s sale, tax sale, or sale by foreclosure, partition, or court–appointed trustee;
(v)
A transfer by a fiduciary in the course of administering a decedent’s estate, guardianship, conservatorship, or trust;
(vi)
A transfer of a single family residential real property that the buyer will convert into a use other than residential; or
(vii)
A sale of unimproved real property.
(c)
Beginning July 1, 2027, before entering into a contract of sale, a vendor of residential real property shall provide to the purchaser:
(1)
A completed flood risk disclosure statement form developed and published by the Department of the Environment under § 5–810 of the Environment Article; and
(2)
If available, a copy of the FEMA elevation certificate for the property.