Maryland’s NEW 2026 Seller Disclosure Changes: What Anne Arundel County Homeowners Need to Know

Selling a home comes with plenty of paperwork, but Maryland homeowners should pay close attention to one document in 2026. The Maryland Real Estate Commission has revised the state's Residential Property Disclosure and Disclaimer Statement, and the changes address several issues that may be especially relevant to Anne Arundel County properties, including septic systems, flooding, fire history, hazardous materials, and open violations.

This isn't paperwork you want to meet for the first time when an offer is already sitting on the table. If you're thinking about selling this fall, understanding what has changed gives you time to gather records, think through your home's history, and ask questions before you're working against a contract deadline.

What Actually Changed in 2026?

Maryland's revised form isn't simply the old document with a new date at the bottom. The Maryland Real Estate Commission made a series of changes intended to collect more specific information about a property's systems and condition.

Revisions include additional options for identifying sewage disposal systems, cooling systems, basement types, smoke-alarm features, and septic systems. The hazardous-material section was expanded, options were added for open violations, and the form now includes a specific question about property flooding or fire. The revised form also adds language reminding purchasers about the importance of a home inspection.

For sellers, that means some areas that may once have been answered more generally now call for more detail. That's especially important for homeowners who have lived in the same house for many years and may need to reconstruct information about repairs or improvements from long ago.

The New Flooding or Fire Question Deserves Attention in Anne Arundel County

One of the most notable additions is Question 24, which addresses property flooding or fire. For an Anne Arundel County homeowner, the flooding portion deserves more than a quick glance because “water problem” can describe many very different situations.

A waterfront property near the Chesapeake Bay or one of its tributaries may have a very different history from an inland home where a basement took on water during an extreme storm. Another homeowner may have experienced water because a sump pump failed, a drain backed up or grading directed runoff toward the foundation. Those aren't necessarily equivalent problems, but they are exactly the kinds of details you should discuss when preparing the property for sale.

Don't assume that an event doesn't matter simply because it happened years ago or because the problem was repaired. Instead, talk through what happened, what caused it if you know, what was done to correct it and what documentation you still have.

A repair invoice or waterproofing warranty can provide useful context that memory alone cannot.

Septic Systems Are Getting More Specific Attention Too

Some Anne Arundel County homeowners never have to think about septic because their properties are connected to public sewer. For owners with private septic systems, however, the revised disclosure deserves attention.

The 2026 revisions added more detailed options regarding the type and function of septic systems. If you're preparing to sell a property with septic, this is a good time to locate pumping records, inspection reports, repair information and any other documentation you've kept.

Buyers coming from homes served by public sewer often have a lot of questions about septic systems simply because they haven't owned one before. Having accurate information readily available makes those conversations easier and can help you avoid a frantic search for an old receipt after the buyer has already started asking questions.

What About an Old Problem That Was Completely Repaired?

This is where sellers often get nervous, because virtually every house with some age has a history.

Maybe a roof leaked around the chimney ten years ago and you had the flashing repaired. Perhaps a basement took on water once, you corrected the drainage problem, and it has been dry ever since. You may have had termite damage treated years ago, replaced a failed HVAC component or repaired plumbing after a pipe froze.

A repair history doesn't automatically make a house undesirable. In fact, a documented repair is often easier for a buyer to understand than a vague answer about something the seller can't quite remember.

Maryland's disclosure process focuses heavily on the seller's actual knowledge of the property. The form itself asks sellers to identify known conditions and provides opportunities for explanations and comments.

That is why I encourage sellers not to decide on their own that something is “too old to matter.” Bring the information forward, discuss it, and make sure the required forms are completed appropriately.

What If I Truly Don't Know?

Nobody expects you to know what happened in your home before you owned it, and homeowners aren't expected to suddenly become building inspectors.

There may be questions you genuinely cannot answer. Perhaps the previous owner installed the roof and you don't know its exact age, or you purchased the property after the basement had already been finished. Maybe you've never used the fireplace and have no personal knowledge about its condition.

That's very different from knowing something and choosing not to mention it.

The disclosure form includes “unknown” responses in several areas because there are perfectly legitimate circumstances where a homeowner doesn't know the answer. The key is to answer based on your actual knowledge, not by guessing or assuming what the answer should be.

Open Violations Are Now Addressed More Directly

Another 2026 change involves open violations. The revised form adds options to Question 21A concerning them. This can become particularly relevant when a property has had additions, decks, finished basements, conversions or other improvements over the years.

Longtime owners don't always remember which contractor pulled which permit twenty years ago, and records can disappear after several moves or decades of homeownership. If you've made substantial improvements during your ownership, however, this is a good reason to start gathering whatever documentation you have before listing.

Old permits, contractor invoices, warranties, and project records can help answer questions before they become complications.

Hazardous Materials Received More Detail Too

The revised form also adds options concerning types of hazardous materials. For owners of older homes, that may immediately bring questions about lead-based paint, asbestos, radon or other materials that were more common during earlier construction periods.

An older house shouldn't automatically be assumed to contain a particular hazardous material, and homeowners shouldn't diagnose a problem based on the property's age. If you've had testing, remediation or professional evaluations performed, however, those records may be relevant when you're preparing for a sale.

This is another area where guessing doesn't help anyone. Work from what you actually know and get appropriate professional guidance when you're unsure.

Can I Choose the Disclaimer Instead and Avoid All These Questions?

Maryland's disclosure rules differ from what sellers encounter in some other states. Subject to applicable exceptions and requirements, Maryland law provides for a Residential Property Disclosure Statement or a Residential Property Disclaimer Statement.

The disclaimer essentially states that the seller is selling the property without representations or warranties concerning its condition except as otherwise provided, but that does not mean a seller gets to hide known latent defects. Maryland's form specifically states that §10-702 requires disclosure of latent defects of which the seller has actual knowledge.

That's an important distinction because “as-is” and “I don't have to tell you anything” are not interchangeable concepts.

Which documents apply to a particular transaction and how a known condition should be addressed can depend on the circumstances. That's when you want guidance, not advice from a neighbor who sold a house six years ago.

Why Did Maryland Add Language About Home Inspections?

The revised form includes a notice to purchasers concerning home inspections above the purchaser signature lines in both the disclosure and disclaimer portions. That's a useful reminder that a seller's disclosure and a buyer's inspection serve different purposes.

A seller is sharing required information based on actual knowledge of the property. A home inspector is examining accessible components and conditions at a particular point in time.

One doesn't replace the other.

An inspector walking through a dry basement today cannot necessarily know that water entered one corner eight years ago during an unusually severe storm. At the same time, a homeowner may have no idea that an electrical component is nearing failure until an inspector identifies it.

Both pieces of information help buyers understand the property they're purchasing.

Start Building Your House File Now

If you're thinking about selling this fall or winter, one of the easiest things you can do now is gather your home's paperwork.

Look for roof invoices, HVAC records, waterproofing warranties, septic information, pest-treatment records, permits, renovation contracts, and receipts for significant repairs. You don't need to turn your kitchen table into an archaeological dig, but having the important documents together can save a surprising amount of stress later.

This is particularly valuable for homeowners who have been in their Anne Arundel County homes for decades. Nobody remembers every repair date from 2004, and paperwork often tells the story much better than memory does.

Most importantly, don't look at disclosure as a process of trying to make your home sound perfect. No home lived in for years has a completely uneventful history, and buyers generally understand that.

The goal is to start the sale with accurate information and fewer surprises. Getting ahead of those questions before your property hits the market can make the entire process feel considerably more manageable.

Thinking About Selling Your Anne Arundel County Home?

Before you list, let's make sure you're prepared for today's Maryland selling process. Contact Bonnie Fleishman for straightforward local guidance and a smart plan for bringing your home to market.