Seller Disclosures in Bethesda, MD: What Sellers Must Provide

Updated on: November 2, 2026

Seller disclosures in Bethesda, MD, are the documents a seller must give the buyer about the home's condition and local rules: Maryland's Residential Property Disclosure and Disclaimer Statement plus Montgomery County's required disclosures. Prepared sellers keep the paperwork from holding up an offer when selling a Bethesda home.

Key Takeaway

A Bethesda seller of a home with one to four units must give the buyer Maryland's disclosure or disclaimer statement by the time the contract is signed. The disclaimer option never excuses known latent defects. Montgomery County adds its own required disclosures, including a radon test rule. Sellers of condos in buildings of five or more units provide the association's resale package instead of the state form.

Who This Guide Is For

This guide is for Bethesda homeowners preparing to list a house, townhouse or condo who need to know which disclosure documents to give buyers and when.

Bethesda Seller Disclosures at a Glance

• Late state form: buyer may cancel within 5 days of getting it.
• Contract clauses cannot waive the buyer's disclosure rights.
• County radon test: done within the year before settlement.
• Pre-1978 homes: lead paint disclosure, pamphlet, 10-day buyer testing window.
• Condo resale package due 15 days before closing; 7-day cancellation.

Maryland's Choice: Disclosure Statement or Disclaimer Statement

Maryland Real Property Code §10-702 requires the seller to give the buyer the Maryland Residential Property Disclosure and Disclaimer Statement. It is a state form issued by the Maryland Real Estate Commission, part of the Maryland Department of Labor. State regulations (COMAR 09.11.07.01) require the Commission's form in every covered residential sale. The current fillable PDF is posted on the Department of Labor's website. Confirm with your agent or attorney that you are using the latest version.

The form gives the seller two options.

1. Disclosure statement: The seller answers questions about:

   • the foundation, basement and roof (type and age)
   • structural systems, plumbing, heating, air conditioning, and the electrical system and smoke detectors
   • water supply and septic, insulation and drainage
   • wood-destroying insects and hazardous materials
   • zoning and permits, flood or critical areas, and homeowners association restrictions

   The form closes by asking about any other material defects, including latent defects. Each answer is "yes," "no" or "unknown," based on the seller's actual, current knowledge. The seller does not have to hire an inspector to search for unknown problems.

2. Disclaimer statement: The seller makes no representations or warranties about the property's condition and sells it as-is, with one exception: known latent defects, explained in the next section.

The disclaimer limits what you state about condition. A carefully answered disclosure tells buyers what to expect before their inspector walks through.

Latent Defects: What You Must Disclose Even When Selling As-Is

Section 10-702 defines latent defects as material defects in the property or its improvements that meet two tests:

• A buyer would not reasonably be expected to find them through a careful visual inspection.
• They would pose a direct threat to the health or safety of the buyer or an occupant, including a tenant or guest.

In practice, a seller must disclose a problem when three things are true:

• Knowledge: The seller knows about it.
• Hidden: A careful visual inspection would not reveal it.
• Danger: It poses a direct threat to health or safety.

In older and renovated Bethesda homes, examples include:

• known foundation or water damage covered by finished drywall
• known faulty wiring hidden inside walls
• a known structural problem painted over before listing

The buyer's rights under §10-702 cannot be waived in the contract of sale, so writing "as-is" into the contract does not remove this duty. Any attempted waiver is void. A buyer can terminate the contract over a violation up to the cutoff described under timelines below.

Maryland case law also lets buyers bring separate claims for fraud, fraudulent concealment or negligent misrepresentation when a seller knew of a latent defect and stayed silent. A seller can then owe damages for repair costs or lost value after settlement. An as-is sale also leaves the county radon test and, for pre-1978 homes, the federal lead-paint disclosure in place.

The duty does not cover defects the seller does not know about or issues a buyer could see on a careful walk-through.

Which Bethesda Sales Are Exempt from the Maryland Disclosure Form

Section 10-702 covers only single-family residential property improved by four or fewer single-family units. A condo unit in a building of five or more units therefore falls outside the state form. The statute also does not apply to:

• The first sale of a never-occupied home, or one whose certificate of occupancy was issued within a year before the contract
• Transfers exempt from the state transfer tax, with limited exceptions
• Sales by a lender that took the property through foreclosure or a deed in lieu
• Sheriff's sales, tax sales and sales by foreclosure, partition or court-appointed trustee
• Transfers by a fiduciary handling an estate, guardianship, conservatorship or trust
• Property the buyer will demolish or convert to non-residential use
• Unimproved land

Your agent or settlement attorney can confirm whether your sale fits one of these categories.

Every owner resale of a condo, including units in downtown Bethesda high-rises, is governed by the Maryland Condominium Act. Under §11-135, a resale contract is not enforceable unless it meets two conditions:

• It contains the required notice.
• The seller delivers the declaration, bylaws, rules and regulations, and a resale certificate with the association's financial and legal information no later than 15 days before closing.

The association supplies most of these documents, but delivering them to the buyer is the seller's duty. The buyer can cancel without penalty, with deposits returned, within 7 days after receiving all of it, until the sale closes. Because that window starts on delivery, order the package from the association early.

Houses and townhouses in a homeowners association still use the state form. Their sellers also owe the buyer the association's resale disclosures under §11B-106, including:

• outstanding assessments
• the association's authorized agent
• pending lawsuits
• other required items

The association provides these for a fee capped by statute. A buyer who does not receive this package at least 5 calendar days before signing has 5 calendar days after receiving it to cancel in writing.

Montgomery County Rules and Required Addenda

Montgomery County sales contracts must incorporate two county forms, which your agent will hand you:

• Montgomery County Jurisdictional Addendum (GCAAR Form #1322): holds the Master Plan Disclosures.
• Regulations, Easements and Assessments (REA) Disclosure and Addendum: required for every listing agreement and sales contract in the county.

Together they cover these disclosures:

• Estimated Property Tax Notice: Shows the buyer what the property taxes will be after the sale, rather than what the current owner pays, because a home's assessed value often changes upon transfer.
• Master Plan Disclosure: Informs buyers about county development plans, such as zoning and transportation projects, that could affect the neighborhood.
• Energy Efficiency Disclosure Notice: Sellers of attached, detached and condominium homes give this before contract signing.
• Easement and agricultural notices: Required when the property has a conservation easement or lies in the Agricultural Reserve, with the matching addendum attached.
• Association notice: States whether the property is in an HOA, condominium association or cooperative.
• Radon Testing: Under County Code §40-13C, single-family homes and townhomes must be tested for radon less than one year before the settlement date. The REA addendum's radon test disclosure applies unless the contract includes a radon contingency.
  • The seller either runs the test or lets the buyer run it, and both receive the results.
  • The transfer-tax, lender and court-ordered sale exemptions listed above also apply to the test.
  • The sale law does not require mitigation. The county notes the EPA recommends fixing a home at 4 pCi/L or more and considering a fix between 2 and 4 pCi/L.

Common Property Conditions to Report in Bethesda

• Lead-based paint: For homes built before 1978, a federal rule applies separately from the Maryland form. Before the buyer signs, the seller must:

  • provide the "Protect Your Family from Lead in Your Home" pamphlet
  • disclose any known lead-based paint or hazards
  • give the buyer 10 days to test for lead

  The seller does not have to pay for an inspection, and the parties can agree to lengthen, shorten or waive the testing period.

• Water, roof and HVAC history: Past basement moisture, roof leaks and aging HVAC systems go on the state form. A disclosed past basement leak and receipts for the waterproofing work build trust with potential buyers.
• Hazardous materials: The form asks about:
  • a buried oil tank left from former oil heat
  • asbestos
  • radon (see the county radon rule above)
  • licensed landfills and other contamination
• Carbon monoxide alarms: The form asks whether a carbon monoxide alarm is installed if the home burns fossil fuel for heat, ventilation, hot water or a clothes dryer.
• Permits, zoning and easements: The form asks whether additions and renovations were permitted, so gather permit records before listing. It also asks about:
  • zoning violations and nonconforming uses
  • setback or building-restriction violations
  • recorded or unrecorded easements other than utilities
• Flood zone and historic district: The form asks whether the property is in a flood zone, wetland or conservation area, the Chesapeake Bay critical area or a designated historic district. Confirm each status from county records.

Owners should consult their real estate agent about how to answer form questions accurately based on what they know. An incorrect guess about the age of an appliance or the condition of a drainage system can create legal liability, so answer "unknown" when you do not know.

How Disclosures Impact the Home Inspection Process

The buyer's inspector reviews the seller's disclosure statement first to find known areas of concern. A disclosed prior roof leak, for example, means extra time in the attic checking for moisture or damaged decking.

A thorough disclosure does not replace the rule of caveat emptor, or "buyer beware." Buyers still investigate the property for issues the seller may not know about. A seller might honestly mark the plumbing as functioning, while an inspector's camera reveals tree roots in the main sewer line.

An upfront disclosure often prevents a buyer from using an issue to renegotiate later. A buyer who offers knowing the HVAC system is 20 years old has less room to demand a replacement credit after the inspection. A contract that prices in known defects protects the seller's net proceeds.

Timelines and the Buyer's Right of Rescission

Maryland law requires sellers to deliver the completed disclosure or disclaimer form before or at the time the buyer signs the purchase contract. Buyers use the disclosures to set their initial offer price and structure their inspection contingencies.

A buyer who receives the form on time cannot rescind based on what it says. If it arrives after signing, the buyer has an unconditional right to rescind by written notice to the seller or the seller's agent. The buyer can do so within 5 days after receiving the form, or at any time before receipt if it never arrives.

The right ends sooner if the buyer's mortgage lender gives written notice in either of two forms:

• that the right ends when the loan application is submitted
• that the right ends 5 days after the notice

It ends in every case at closing or occupancy, whichever comes first. The buyer gets deposits back immediately, and the seller has to put the home back on the market.

Gather before you list:

• State form: Decide between the disclosure and the disclaimer.
• County forms: The Jurisdictional Addendum and the REA addendum, with the radon test arranged.
• Lead paint: The federal disclosure and pamphlet if the home was built before 1978.
• Association package: The condo or HOA resale documents, ordered from the association.
• Records: Receipts for past repairs and permits for renovations.

Frequently Asked Questions

Do I Have to Update My Disclosure If I Find a New Problem Before Settlement?

Yes, if the problem is hidden and threatens health or safety, because the latent-defect duty applies once you know about it. Tell the buyer in writing, and ask your agent or settlement attorney how to document it under your contract.

Should I Get a Pre-Listing Inspection Before Filling Out the Form?

The law does not require one. Anything an inspection finds becomes part of what you know, so it shapes your form answers and any latent-defect disclosure.

Can My Agent Fill Out the Disclosure Form for Me?

No. Section 10-702 places the duty to furnish the disclosure or disclaimer statement on the seller. The listing agent must explain your obligations under that section and can walk you through the form, but the answers are your own statement.

Do I Have to Tell Buyers That Someone Died in the House?

No. Under Maryland Real Property §2-120, a homicide, suicide, accidental or natural death, or felony on the property is not a material fact or latent defect. Sellers and their agents are immune from liability for not disclosing it.

Sources

• Maryland Real Property §10-702: Definitions and Latent Defects
• Maryland Real Property §10-702: Rescission and Seller Obligations
• Maryland Real Property §10-702: Scope and Exemptions
• Maryland Residential Property Disclosure and Disclaimer Statement (Maryland Department of Labor)
• Maryland Condominium Act §11-135
• Maryland Homeowners Association Act Resale Disclosures (HB1039, 2024)
• Montgomery County Jurisdictional Addendum to Maryland REALTORS Contract
• Montgomery County Radon Testing Requirements
• EPA Real Estate Disclosures About Potential Lead Hazards
• Maryland Real Property §2-120