What as is means in Maryland
As is means you will not make repairs and will not give credits for them. It does not mean you
can stay silent. Maryland still requires you to hand the buyer a disclosure or disclaimer
statement, and to reveal known latent defects either way.
That second half is where sellers get into trouble. People hear “as is” and assume it is a
shield. It is not. It is a statement about repairs, not a statement about honesty, and Maryland
law is explicit on the difference.
What as is actually changes
Selling as is means the buyer takes the property in its current condition. You are not fixing
the roof, not replacing the furnace, not painting the back bedroom, and not writing a credit at
settlement in place of doing those things. A cash buyer who works in as-is deals has already
priced for that, which is why
repairs before a cash sale are usually wasted
money.
It also sets the tone for the inspection. A buyer can still inspect. They just are not
inspecting in order to come back and renegotiate, at least not with us.
As-is value is its own number, separate from what the house would bring
after a renovation.
What as is does not change: Maryland’s disclosure law
Under Maryland Real Property section 10-702, the seller of most
single family residential property must give the buyer one of two documents.
The disclosure statement
You go through the property’s systems and report defects and conditions you actually know
about. Water in the basement. A furnace that has been condemned. A roof that leaks in one corner.
Actual knowledge is the standard. You are not being asked to inspect your own house or to guess.
The disclaimer statement
This is the as-is route. You state that you are selling the property as is, with all defects,
and you make no representations or warranties about its condition except as the contract says
otherwise. Most sellers in a cash transaction use this one.
The catch that applies to both
Even on the disclaimer, you must disclose latent defects you have actual knowledge of. Maryland
defines a latent defect as a material defect a buyer would not reasonably discover by a careful
visual inspection, and that would pose a direct threat to the health or safety of an occupant.
Signing a disclaimer does not let you bury one. The
official state form spells out both options on the same document.
Some transfers are exempt
Section 10-702 does not apply to every sale. Exemptions include transfers by a fiduciary
administering an estate or trust, foreclosure and tax sales, and sales of newly built homes that
have never been occupied. If you are selling as a personal representative, this may well be you,
which is one of several reasons
estate sales work differently.
The buyer’s rescission window
A buyer who does not receive the statement on time has a right to rescind and get their deposit
back, within a defined window that ends at closing. Practical translation: deliver the form early.
A missing form is a hole a buyer can walk out through.
The lead paint rule is federal, and as is does not touch it
Baltimore’s housing stock is old. For most homes built before 1978, federal law requires the
seller to disclose known lead based paint and hazards, provide any records, and give the buyer the
EPA pamphlet before the contract is signed. The rule does not require you to test or to remove
anything.
The EPA explains the requirement here. As is does not waive it.
As is does not clear title
This one surprises people. Selling as is describes the physical condition of the house. It says
nothing about what is recorded against it. You still have to deliver clear title, which means
liens, judgments and municipal charges get resolved at settlement.
A lien does not block a sale, but it does not vanish because the
contract says as is. Same with
Baltimore water charges and
ground rent obligations.
Open code violations behave the same way. They travel with the property until somebody deals
with them, and
a citation on file will surface in the title search.
What as is means for your price
Every dollar of unknown repair gets guessed at by the buyer, and buyers guess in their own
favor. That guess is the biggest piece of a cash discount, which is why
the honest answer on market value starts there. If the
house is habitable and you are not on a deadline, there is a version where you do not eat that
guess at all:
we fund the repairs and the sale price is agreed in writing before
work begins, set above the home’s current value, with nothing owed by you up front or at
closing.
If the house simply needs to be gone,
get a free valuation in minutes and read
our guide to selling a Baltimore house that needs work. The full picture
is at selling a Baltimore house fast.
Before you act on this
This page is general information about how these processes work in Maryland. It is not
legal, tax, or financial advice, and your situation may turn on details this page cannot
know. Talk to a Maryland attorney or a licensed tax professional before you make a decision
you cannot reverse. If you are facing foreclosure, you can also speak with a HUD approved
housing counselor at no cost.
Questions people ask
Does selling as is in Maryland mean I do not have to disclose anything?
No. Maryland Real Property section 10-702 requires most residential sellers to deliver either a disclosure statement or a disclaimer statement. The disclaimer is the as-is route, but even on it you must disclose latent defects you actually know about. As is covers repairs, not honesty.
What counts as a latent defect in Maryland?
A material defect that a buyer would not reasonably find through a careful visual inspection, and that would pose a direct threat to the health or safety of an occupant. Something visible from the doorway is not latent. Something hidden and dangerous that you know about is.
Do I still have to give lead paint disclosures on an as-is sale?
Yes, for most homes built before 1978. Federal law requires you to disclose known lead based paint and hazards, hand over any records you have, and provide the EPA pamphlet before the contract is signed. It does not require you to test or remove anything.
Can I sell as is if the house has code violations or liens?
Yes, but as is describes physical condition, not title. Recorded liens, municipal charges and open citations still have to be handled at settlement. A title search will find them. A cash buyer used to Baltimore properties expects them and can usually work through them.
Am I exempt from the disclosure requirement?
Possibly. Section 10-702 exempts several transfer types, including sales by a fiduciary administering an estate or trust, foreclosure and tax sales, and never occupied new construction. If you are selling as a personal representative for an estate, check with a Maryland attorney before assuming either way.