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 (see the exemptions listed below).
10-702. EXEMPTIONS. The following are specifically excluded from the provisions of §10-702:
The initial sale of single family residential real property:
that has never been occupied; or
for which a certificate of occupancy has been issued within 1 year before the seller and buyer enter into a contract of sale;
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;
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;
A sheriff’s sale, tax sale, or sale by foreclosure, partition, or by court appointed trustee;
A transfer by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust;
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
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:
A purchaser would not reasonably be expected to ascertain or observe by a careful visual inspection of the real property; and
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.
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. You may wish to obtain professional advice or inspections of the property; however, you are not required to undertake or provide any independent investigation or inspection of the property in order to make the disclosure set forth below. The disclosure is based on your personal knowledge of the condition of the property at the time of the signing of this 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. Disclosure by the Owners is not a substitute for an inspection by an independent home inspection company, and you may wish to obtain such an inspection. The information contained in this statement is not a warranty by the Owners as to the condition of the property of which the Owners have no knowledge or other conditions of which the Owners have no actual knowledge.
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 ________(# bedrooms) 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
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
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?
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?
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 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
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.
Owner _________________________________________________________ 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 under §10-702 of the Maryland Real Property Article.
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) acknowledge having carefully examined this statement and further acknowledge that they have been informed of their rights and obligations under §10-702 of the Maryland Real Property Article.
The owner(s) has actual knowledge of the following latent defects: _____________________________________
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 under §10-702 of the Maryland Real Property Article.