By Adam Chubbuck, Team Leader, Team Alpha Charlie of Douglas Realty. Retired U.S. Navy Chief. Licensed in Maryland and Virginia.
Two decisions come up before every Maryland listing, and most sellers make both of them without thinking much about either.
Should you get your own inspection before you list? And on the Maryland disclosure form, do you disclose or disclaim?
They are connected, and getting them right is worth real money. Here is the plain version.
First: Disclosure vs. Disclaimer
Maryland requires most residential sellers to give buyers one of two things under Section 10-702 of the Real Property Article.
Disclosure means you fill out the form and affirmatively report the condition of the systems you know about. Roof, plumbing, electrical, HVAC, foundation, and so on.
Disclaimer means you sell the property as-is with respect to latent defects, without making representations about condition.
Here is the part that trips people up. Disclaimer does not mean you get to stay quiet about problems. Even with a disclaimer, you must disclose material latent defects you actually know about. Latent means hidden, something a buyer would not discover through a normal inspection.
Neither option is automatically right, and treating it as a box to check is a mistake.
When disclosure usually makes sense
You have lived in the home for years, you know the systems, and the house is in reasonable shape.
Filling out the form builds buyer confidence. It signals you have nothing to hide, and it tends to reduce friction at the inspection table because the buyer already knows what they are getting.
When disclaimer usually makes sense
You inherited the property, you never lived there, you owned it as a rental at a distance, or you genuinely do not know the history of the systems.
You cannot honestly report on things you do not know. A disclaimer is the appropriate posture when your knowledge is limited.
Talk it through with your agent, and where the situation warrants, an attorney. This is a legal document and the right answer depends on your specific facts.
Second: The Pre-Listing Inspection
Should you hire your own inspector before the house goes on the market?
The case for it
You control the timeline and the cost. You find the failing water heater in April and replace it for what it actually costs. You do not find it in June during the buyer’s contingency, when it arrives as a repair request with the buyer’s estimate attached, which is usually higher than yours would have been.
You remove the biggest source of deal risk. The inspection period is where more Maryland deals die than anywhere else. Fewer surprises means fewer dead deals.
It strengthens your negotiating position. When you have already addressed the real items, a buyer’s repair request is much easier to push back on.
It can shorten your market time. In a county where Maryland REALTORS reported an 8 day median time to contract for June 2026, a prepared house competes better.
The case against it
Once you know, you have to disclose it. This is the whole tradeoff. If your inspector finds a material latent defect, that knowledge is now yours and it comes with an obligation.
You cannot get an inspection, find a problem, decide not to fix it, and then pretend you never learned about it.
You may find things you would rather not have found. Some of which the buyer’s inspector might never have flagged.
How I think about it
For most well maintained homes with an owner who knows the property, a pre-listing inspection is a good investment. You are probably going to learn about these items anyway, three weeks later, at a worse moment.
For an inherited property, a former rental, or a house you know needs significant work, the calculation is different. Sometimes the right move is a disclaimer, an as-is listing, honest pricing, and a buyer who expects to renovate.
Either way, decide deliberately. Do not default into one because it is easier.
What I Recommend to Most Sellers
Even without a full pre-listing inspection, handle the items that show up on nearly every Maryland inspection report:
- Roof leaks and visible roof issues
- Water heaters at the end of their life
- GFCI outlets and electrical panel problems
- Missing or loose handrails
- Wood rot at trim, decks, and around windows
- Moisture in the basement
These are the items that become repair requests. Handling them costs less than negotiating them.
And if you are on well and septic, get those inspected before you list regardless. That is a separate conversation and I have written about it.
Let’s Make the Right Call for Your House
These two decisions depend on your specific property and how long you have owned it. There is no universal right answer, and anyone who gives you one without asking about your situation is not paying attention.
If you are thinking about selling, let’s talk through it before you commit either way. Start with a free Maryland home valuation or reach out to Team Alpha Charlie of Douglas Realty.
Quick Answers
Do I have to fill out the Maryland disclosure form?
You must provide either a disclosure or a disclaimer under Section 10-702 of the Maryland Real Property Article. You choose which. Either way, you must disclose material latent defects you actually know about.
What is the difference between disclosure and disclaimer in Maryland?
Disclosure means you affirmatively report the condition of systems you know about. Disclaimer means you sell as-is with respect to latent defects without making representations. Both require disclosing known material latent defects.
Should I get a home inspection before selling?
Often yes, especially for a home you have lived in and maintained. You control the timing and cost of repairs and you reduce deal risk. The tradeoff is that anything material you learn must be disclosed. For inherited properties or homes needing significant work, a disclaimer and as-is pricing may fit better.
What should I fix before listing in Maryland?
Focus on the items that show up on inspection reports: roof leaks, aging water heaters, GFCI and electrical panel issues, missing handrails, wood rot, and basement moisture. Skip the full kitchen renovation, which rarely returns its cost.
Disclosure requirements reflect Maryland Real Property Article Section 10-702. Time to contract reflects Maryland REALTORS Housing Statistics, June 2026. This is general information, not legal advice. Consult an attorney for your situation.
I am Adam Chubbuck, Team Leader of Team Alpha Charlie of Douglas Realty. Retired U.S. Navy Chief, licensed in Maryland and Virginia, and I have closed more than 350 homes over the past five years across the Baltimore to Annapolis corridor. I also run Enclave Property Management out of Pasadena, Maryland.
443-347-6692 | [email protected] | TACMD.com
Smile more,
Adam Chubbuck
