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MD · Flood-disclosure law

Does a Maryland seller have to disclose flooding?

Maryland requires the seller of single-family residential property to deliver either a Residential Property Disclosure Statement (disclosing known conditions) OR a Disclaimer Statement selling the property 'as is'; the standard form asks about whether the property is in a flood zone and about water/drainage, but there is no detailed flood-history questionnaire, and even under a disclaimer the seller must still disclose known latent defects.

Maryland at a glance

General disclosure

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

DisclosureRequired
Opt-outYes — caution
Primary-source verified· verified June 16, 2026
Md. Code, Real Property § 10-702

The 4-card answer

Maryland flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Maryland requires the seller of single-family residential property to deliver either a Residential Property Disclosure Statement (disclosing known conditions) OR a Disclaimer Statement selling the property 'as is'; the standard form asks about whether the property is in a flood zone and about water/drainage, but there is no detailed flood-history questionnaire, and even under a disclaimer the seller must still disclose known latent defects.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

Md. Code, Real Property § 10-702Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale/transfer of single-family residential real property
  • Subject to statutory exemptions in § 10-702 (e.g., new construction never occupied, certain estate/court/co-owner transfers)

Penalties & remedies

Not specified as a fixed monetary penalty; statutory remedy is rescission. Knowing misrepresentation on the disclosure form exposes the seller to liability (no statutory dollar amount).

Buyer remedy: If the buyer does not receive the disclosure/disclaimer statement on or before entering the contract, the buyer has an unconditional right to rescind before settlement (within 5 days of later receipt) and to immediate return of deposits; rescission is non-exclusive and other rights/causes of action remain.

Opt-out gotchas

An opt-out / waiver exists. Seller may opt out of affirmative condition disclosure by delivering a Residential Property Disclaimer Statement selling the property 'as is' with no representations/warranties as to condition; however, the seller must still disclose known latent defects (defects not reasonably ascertainable that pose a threat to health/safety).

Research note ▾

Statute text confirmed via Justia codified § 10-702 (quoted): seller chooses disclosure vs disclaimer; buyer rescission right and deposit return on non-delivery; rescission is non-exclusive. The Maryland Residential Property Disclosure and Disclaimer Statement form (Real Estate Commission, COMAR 09.11.07.01) includes a flood-zone item and water-standing/drainage item; it is a general defect disclosure that covers flooding rather than a dedicated flood-history schedule, hence disclosure_level 'limited'. Even under the as-is disclaimer, known latent defects must be disclosed. No statutory fixed dollar penalty identified.

Buyer's rights

If you're buying in Maryland

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What Maryland law gives you as a buyer

Maryland requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. If the buyer does not receive the disclosure/disclaimer statement on or before entering the contract, the buyer has an unconditional right to rescind before settlement (within 5 days of later receipt) and to immediate return of deposits; rescission is non-exclusive and other rights/causes of action remain.

Watch the opt-out: Seller may opt out of affirmative condition disclosure by delivering a Residential Property Disclaimer Statement selling the property 'as is' with no representations/warranties as to condition; however, the seller must still disclose known latent defects (defects not reasonably ascertainable that pose a threat to health/safety).

Md. Code, Real Property § 10-702

Your pre-closing checklist (works in every state)

  • Pull a free FEMA flood-zone lookup

    Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.

    msc.fema.gov ↗

  • Request a CLUE / loss-history report

    A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.

    LexisNexis consumer disclosure ↗

  • Get an independent inspection — ask about water

    Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.

  • Get a flood-insurance quote before you waive contingencies

    Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.

    floodsmart.gov ↗

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Maryland

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Maryland requires the seller of single-family residential property to deliver either a Residential Property Disclosure Statement (disclosing known conditions) OR a Disclaimer Statement selling the property 'as is'; the standard form asks about whether the property is in a flood zone and about water/drainage, but there is no detailed flood-history questionnaire, and even under a disclaimer the seller must still disclose known latent defects.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

Md. Code, Real Property § 10-702Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale/transfer of single-family residential real property
  • Subject to statutory exemptions in § 10-702 (e.g., new construction never occupied, certain estate/court/co-owner transfers)

Penalties & remedies

Not specified as a fixed monetary penalty; statutory remedy is rescission. Knowing misrepresentation on the disclosure form exposes the seller to liability (no statutory dollar amount).

Buyer remedy: If the buyer does not receive the disclosure/disclaimer statement on or before entering the contract, the buyer has an unconditional right to rescind before settlement (within 5 days of later receipt) and to immediate return of deposits; rescission is non-exclusive and other rights/causes of action remain.

Opt-out gotchas

An opt-out / waiver exists. Seller may opt out of affirmative condition disclosure by delivering a Residential Property Disclaimer Statement selling the property 'as is' with no representations/warranties as to condition; however, the seller must still disclose known latent defects (defects not reasonably ascertainable that pose a threat to health/safety).

Research note ▾

Statute text confirmed via Justia codified § 10-702 (quoted): seller chooses disclosure vs disclaimer; buyer rescission right and deposit return on non-delivery; rescission is non-exclusive. The Maryland Residential Property Disclosure and Disclaimer Statement form (Real Estate Commission, COMAR 09.11.07.01) includes a flood-zone item and water-standing/drainage item; it is a general defect disclosure that covers flooding rather than a dedicated flood-history schedule, hence disclosure_level 'limited'. Even under the as-is disclaimer, known latent defects must be disclosed. No statutory fixed dollar penalty identified.

Summary of Maryland law as of June 2026. Not legal advice.

Full Maryland page
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