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