<small>© 2026 Susan Pruden. All rights reserved. Each CENTURY 21 office is independently owned and operated. Listings provided by Bright MLS from various brokers who participate in IDX (Internet Data Exchange).
<small>© 2026 Susan Pruden. All rights reserved. Each CENTURY 21 office is independently owned and operated. Listings provided by Bright MLS from various brokers who participate in IDX (Internet Data Exchange).

The Neighbors Always Know: What You're Required to Disclose  and Why Minimizing It Is a Mistake

by Susan Pruden
March 7, 2026
Part 2 of 3  ·  Seller Education

The Neighbors
Always Know.

What you're required to disclose when you sell your home and why the temptation to minimize it is one of the most expensive mistakes a seller can make.

Part of a series

Part 1 covers the decisions that belong to you as a seller price, marketing, access, and negotiations. Part 3 covers what to watch once you're listed.

There's a thing that happens in neighborhoods that sellers consistently underestimate. People talk. The mail carrier has seen the plumber's truck. The neighbor helped carry boxes during the last pipe emergency. The couple across the street watched the water restoration van sit in the driveway for three days.

Buyers conduct inspections. New owners move in. And when something goes wrong quickly, the first people they talk to are often the neighbors. That's when the story that was never on the disclosure form surfaces.

What Maryland Requires

 

Maryland sellers must complete a Residential Property Disclosure and Disclaimer Statement covering known conditions across the property. "Known" is the operative word you're not required to discover problems you genuinely didn't know about. But you are required to disclose what you do know. The form covers:

  • Water and moisture basement, crawlspace, roof, windows
  • Structural conditions foundation, walls, floors, ceilings
  • Plumbing pipes, drains, water heater, sewage
  • Electrical system
  • HVAC heating, cooling, ventilation
  • Environmental hazards lead paint, asbestos, radon, underground tanks
  • Infestations wood-destroying insects, rodents
  • Legal issues HOA, easements, encroachments, permits

A Story About Plumbing and Neighbors

 

A buyer I represented purchased a home and settled without incident. Within weeks, the plumbing backed up. She called a plumber. While he was working, the next-door neighbor came over to introduce herself and mentioned casually, the way neighbors do that the plumber had been at that house at least once every other week for as long as she could remember.

Someone in the household had been regularly flushing diapers. The sellers knew there was a recurring plumbing problem. They may not have known the cause. But they'd been dealing with it repeatedly and said nothing. The disclosure form said no known plumbing issues.

My buyer spent a significant sum getting it sorted out, then had a long conversation with her attorney about whether to sue. She ultimately decided against it the legal costs would likely exceed what she'd recover, and she was already exhausted and financially stretched. She let it go.

But she didn't forget. And she told people.

What's notable about that story isn't the plumbing. It's that she had grounds to sue and chose not to. Not every buyer makes that calculation the same way.

Some people live to file lawsuits

You don't know if your buyer is one of them. Some buyers will absorb a post-closing surprise and move on. Others will call an attorney the same week. You have no way to know which type you're dealing with until it's too late to change your disclosure form.

In Maryland, a seller who knowingly fails to disclose a material defect can be held liable for repair costs, additional damages, and the buyer's legal fees. "Material" means anything that would have affected the buyer's decision to purchase or the price they paid. That's a broad standard, and it's interpreted broadly.

The Logic That Fails

 

Sellers who minimize disclosure usually aren't thinking about fraud. They're thinking about their sale: if I disclose the problem, the buyer will ask for a repair credit or walk away. That's a real concern. Disclosure can affect negotiations.

But here's what that calculation misses: buyers are not shocked by problems. They buy houses with problems all the time. What they don't forgive is finding out after closing that you knew and said nothing. The concealment is what turns a manageable situation into a legal one.

The standard for "knowing" isn't whether you understood the root cause. Recurring visits from a plumber is knowledge of a plumbing problem. A water stain on the ceiling is knowledge of a moisture issue. A crack you've been meaning to have someone look at is a condition worth disclosing. When in doubt, disclose. The downside is a negotiation. The downside of not disclosing can be a lawsuit.

A Word on As-Is Sales

 

Selling as-is doesn't mean selling without disclosure. It means you're not agreeing to make repairs. The buyer still has the right to inspect and you still have the obligation to disclose known latent defects. As-is is a position on repairs, not a release from disclosure.

There's also a practical problem with as-is contracts that sellers don't always anticipate: buyers back out. Often they back out without explaining why. And the seller is left wondering sometimes out loud whether they would have been willing to fix whatever it was. That's a frustrating place to end up.

"Define the problem you're trying to solve. Sometimes value means top dollar. Sometimes it means fast, certain, and done."

Posted on Susan's wall because it matters in every transaction

An as-is sale can absolutely be the right strategy. But it should be a considered choice, not a way to avoid the disclosure conversation. Talk through what you're actually trying to accomplish before you decide how to structure the sale.

The bottom line

Disclose what you know. When in doubt, disclose it. A well-priced, honestly represented home will find its buyer. Your agent's job is to help you navigate disclosure not to help you avoid it.

Up Next  ·  Part 3 of 3

Your House Is Listed. Your Job Isn't Done.

No lockbox, bad photos, misleading descriptions, stale copy after months on market what sellers need to watch once they're live.

Let's Have the Real Conversation

If you're thinking about selling and you're not sure how to handle something you know about your property, that's the conversation to have before you list not after.

Get in Touch

A lifetime Maryland resident, Susan Pruden has the ideal foundation for selling and buying homes. After 8 years working in just about every facet of the mortgage industry, and several years with her own company specializing in marketing for real estate agents, Susan got her real estate license in 1994. Susan has earned several industry awards. The CENTURY 21 Quality Service Pinnacle Award is based on reviews from Susan's clients and is earned by a very small percentage of agents. She has earned that coveted recognition since 2012

Two others were awarded by the Prince George's Association of REALTORS®. The Distinguished Sales Associate of the Year Award is based on a mixture of community involvement, association involvement and real estate education and designations. The other, the Distinguished Service Award, is for "exceptional meritorious service."

Susan is involved in her local community. She was named Cheverly Volunteer of the Year in 2018, even having June 25th designated "Susan Pruden Day" in the Town of Cheverly. She is also a Commissioner on the Prince George's County Historic Preservation Commission and President of the Cheverly American Legion Auxiliary.

Susan Pruden has lived in Cheverly lived with her husband, Joseph, for almost 30 years.

Susan Pruden, REALTORĀ®
CENTURY 21 New Millennium
1000 Pennsylvania Ave SE
Washington, DC 20003
Direct:
<small>© 2026 Susan Pruden. All rights reserved. Each CENTURY 21 office is independently owned and operated. Listings provided by Bright MLS from various brokers who participate in IDX (Internet Data Exchange).
© 2026 Susan Pruden. All rights reserved. Each CENTURY 21 office is independently owned and operated. Listings provided by Bright MLS from various brokers who participate in IDX (Internet Data Exchange).
 
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