Maryland Real Estate Purchase and Sale Agreement (Investor PDF)
An investor-ready purchase and sale agreement drafted for Maryland transactions, plus a plain-English summary of what Maryland law expects in a residential purchase contract. Free PDF, no signup required.
Maryland Purchase and Sale Agreement
Free PDF • Updated July 2026
Part of our free real estate investor forms library.
What Maryland Requires in a Purchase Contract
These are the contract and disclosure requirements our research identified for Maryland residential transactions, with statute citations. Requirements change; always confirm the current rule before closing.
Residential Property Disclosure and Disclaimer Statement
Md. Code, Real Property s.10-702
Seller of 1-4 unit residential resale property must deliver either a condition disclosure statement or a disclaimer (as-is) statement on the state-prescribed form; contract must contain a conspicuous notice of the buyer's rights under the section.
Applies to: all residential resale 1-4 units (exempt: new construction <1 yr CO, foreclosure/sheriff/tax sales, fiduciary transfers, transfer-tax-exempt transfers, unimproved land)
Buyer rescission right under s.10-702
Md. Code, Real Property s.10-702(f)-(g)
If the disclosure/disclaimer is not delivered on or before contract execution, buyer may rescind any time before receipt or within 5 days after receipt; right ends at loan application (if lender so discloses), settlement, or occupancy, whichever first.
Applies to: all residential resale 1-4 units
Deferred Water and Sewer Charges Notice (resale) Verbatim language required
Md. Code, Real Property s.14-117(a)(5)(ii)
Resale contract for residential property subject to a recorded deferred private water/sewer assessment (front-foot benefit) must contain a specific statutory notice; heightened itemized disclosures apply in Prince George's County under s.14-117(a)(4); violations expose seller to liability up to twice the deferred charges for first 5 years plus deposits, and PG County buyers discovering nondisclosure before settlement may rescind.
Applies to: residential property served by public water/wastewater with deferred charges under recorded covenant/declaration; strongest in Prince George's County; exempt in counties with substantially similar local disclosure laws
Ground Rent Notice in Contract of Sale Verbatim language required
Md. Code, Real Property s.8-811 (see also s.14-117 initial-sale ground rent disclosures)
Contract for sale of property subject to a residential ground lease must contain a boldface 14-point statutory-form notice stating the ground rent amount, payment schedule, holder contact info, payment obligations, and redemption rights ('in substantially the following form').
Applies to: leasehold (ground rent) properties, overwhelmingly Baltimore City and some Baltimore County; ground rents also must be registered with SDAT to be collectible (RP s.8-707)
HOA (MHAA) Resale/Initial Sale Disclosures and Contract Notice Verbatim language required
Md. Code, Real Property s.11B-105 to 11B-108 (contract notice per s.11B-106(b))
Sale of a lot in an HOA requires delivery of the MHAA disclosure package (fees, docs, contact info); contract must contain a conspicuous bold/underlined notice beginning 'This sale is subject to the requirements of the Maryland Homeowners Association Act' incorporating the statutory text; buyer may cancel within 5 days of receiving MHAA information (3 days after notice of material fee changes); contract unenforceable by seller absent compliance.
Applies to: lots in developments subject to a homeowners association
Condominium Resale Certificate and Contract Notice Verbatim language required
Md. Code, Real Property s.11-135
Condo unit resale requires delivery of resale certificate (budget, reserves, fees, litigation, insurance, violations, etc.) not later than 15 days before closing; contract must contain conspicuous notice of the buyer's 7-day cancellation right after receipt of all information.
Applies to: condo only (resale of units)
Lead-Based Paint Disclosure (federal) Verbatim language required
42 U.S.C. s.4852d; 24 CFR Part 35 / 40 CFR Part 745
Federal only: pre-1978 housing requires lead disclosure form, EPA pamphlet, and 10-day inspection opportunity attached to the contract; MD adds rental-registration rules but no extra sales-contract text.
Applies to: pre-1978
County-specific contract notices (Critical Area, agricultural zoning, airport noise, local water/sewer)
e.g., Md. Code, Real Property s.14-117(b)-(l) and county codes
RP s.14-117 and county law layer additional contract notices in specific counties: Chesapeake Bay Critical Area, agricultural land preservation/right-to-farm, airport/military installation noise zones (e.g., Anne Arundel, Howard, Montgomery, PG); Montgomery County also requires sellers to provide a radon test result (county law, not state).
Applies to: county-specific
Maryland Regulates Wholesaling
Md. Code, Real Property s.10-715 (HB 124/SB 160, 2025), effective Oct. 1, 2025
Disclosure regime, not licensing: a wholesale buyer (contracting on owner-occupied 1-4 unit residential with intent to assign for a fee) must disclose in writing to the owner BEFORE contract execution that the contract may be assigned; a wholesale seller must disclose in writing to the assignee before assignment that it holds only equitable interest and may not be able to convey title. Noncompliance gives the owner (or assignee) the right to rescind without penalty before closing with deposits refunded. A licensing bill (HB 301) failed; assignment, double closing, etc. remain legal with disclosure.
See how Maryland compares in our wholesaling laws by state table.
Maryland Closing Practice at a Glance
| Deed convention | Special Warranty Deed is customary for arm's-length residential resales; deed must be prepared by a Maryland attorney or a party to the deed (RP s.3-104(f)) and carry a certificate of preparation. |
| Transfer tax | State transfer tax (0.5%) + county transfer tax (varies, 0-1.5%) + recordation tax (varies by county) |
| Customary payer | split 50/50 by custom and by default rule (RP s.14-104(b): shared equally absent agreement); EXCEPTION: for a first-time Maryland homebuyer the state transfer tax is reduced to 0.25% and must be paid entirely by the seller (Tax-Property s.13-203(b)) |
| Attorney closing | Attorney not required for a typical closing. Title company state; settlements customarily conducted by licensed title insurance producers, attorney not required at closing. Deeds themselves must be attorney-prepared or prepared by a party (RP s.3-104(f)). |
| Witness and notary | Notary acknowledgment only; no witnesses required for deeds. Deed must include attorney/party certificate of preparation to be recorded. |
More Investor Resources
Disclaimer: This template and summary are provided free for reference and educational purposes. Clearway Home Buyers is not a law firm and does not provide legal advice, and no attorney-client relationship is created by downloading or using these forms. Real estate law varies by state and by transaction. Review any form with a licensed Maryland attorney before use. Read the full disclaimer.
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