Baltimore Home Seller Disclosure Requirements (2026)
Maryland's disclosure process differs from most states: sellers can choose between full disclosure or a disclaimer ("as is") sale. Both approaches have trade-offs. Baltimore's unique ground rent tradition and one of the US's highest concentrations of pre-1940 housing create specific disclosure considerations.
Maryland Disclosure vs. Disclaimer
Full Disclosure Option: Seller completes the Maryland Residential Property Disclosure Statement covering all known defects, conditions, and material facts. This protects buyers and creates a documented record of what you knew and disclosed.
Disclaimer Option: Seller and buyer agree to an "as is" sale where buyer accepts the property without seller warranty as to condition. However:
For FSBO sellers with properties in good condition, full disclosure is generally advisable. For sellers with significant known defects they can't afford to repair, the disclaimer/as-is approach may be appropriate — but get Maryland legal advice before proceeding.
Lead Paint Disclosure in Baltimore
Baltimore has one of the US's highest concentrations of pre-1940 housing, with extensive rowhouse stock containing lead paint. Multiple layers of disclosure apply:
Federal requirement: Lead-Based Paint Disclosure form and EPA pamphlet for all pre-1978 homes.
Maryland's own lead paint rules: Maryland's Lead Poisoning Prevention Program has specific requirements, particularly for rental properties (Certificate of Rental Facility Registration). For owner-occupied sales, federal disclosure applies.
FHA and VA buyers will have specific lead paint inspection requirements. If your home has chipping, peeling, or deteriorating paint, FHA financing typically requires these conditions to be remedied before loan approval.
Ground Rent Disclosure
Ground rent is a Baltimore real estate tradition inherited from English law. Some Baltimore City properties — particularly older rowhouses — have ground rents where the land is leased from a third party on a perpetual basis.
What must be disclosed:
Maryland law now requires ground rent holders to register their interests. Buyers' lenders (FHA, VA, conventional) may have specific requirements or limitations on properties with ground rents.
Maryland Transfer Tax
Maryland imposes a state transfer tax of 0.5% of the consideration. Counties add their own transfer taxes (Baltimore City: 1.5%; Baltimore County: 1.5%; varies by county). On a $300,000 sale in Baltimore City, total transfer tax is 2% ($6,000), typically split between buyer and seller per local custom (approximately $3,000 each).
Additionally, Maryland has a recordation tax (separate from transfer tax) typically charged to buyers.
Flooding and FEMA Flood Zones
Some Baltimore City and County properties near the Chesapeake Bay, Patapsco River, and Jones Falls have flood zone exposure. The Jones Falls corridor, portions of the harbor area, and some waterfront neighborhoods have FEMA Special Flood Hazard Area designations.
Disclose any prior flooding and provide your FEMA flood zone status to buyers. Post-Hurricane Isabel (2003) flooding affected some Baltimore waterfront properties; this history is material.