The Form That Comes With The House
Real Prop. § 10-702 — a disclosure or a disclaimer, and 5 days to rescind when neither came first
In Maryland, a vendor of single family residential real property completes and delivers to each purchaser either a residential property condition disclosure statement or a disclaimer statement, on the State Real Estate Commission's form, on or before entering into the contract of sale.
Even a disclaimer discloses. The disclaimer states the property is sold as is, but still discloses latent defects the vendor actually knows of that a careful visual inspection would not reveal and that pose a direct threat to the health or safety of the purchaser or an occupant.
If neither arrives in time. The purchaser has the unconditional right, by written notice, to rescind the contract before receiving the statement or within 5 days after, and to the immediate return of deposits. The right ends at closing or occupancy, and may end earlier with a mortgage application if the lender gives the required notice.
No waiver. The purchaser's rights under the section may not be waived in the contract, and each contract includes a conspicuous notice of them. A purchaser who receives the statement on time has no right to rescind based on what it says.
Fraud and misrepresentation claims outside the disclosure law are not on this page. Whether a particular defect had to be disclosed, and what a buyer or seller can recover, are questions for a licensed Maryland attorney.
Sources for this section (1)
- Md. Code, Real Prop. § 10-702 — Residential property disclosure and disclaimer statements
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.