- A. A licensed broker, associate broker, or salesperson acting as a seller’s agent should obtain a written residential property condition disclosure statement or a written residential property disclaimer statement at the time the licensed broker, associate broker, or salesperson obtains the listing on the property.
- B. The seller’s agent should provide the disclosure statement or disclaimer statement to the prospective purchaser or to the buyer’s agent assisting the purchaser promptly upon notification that an offer is going to be made. If the seller’s agent does not know in advance that an offer is to be made, the seller’s agent should provide the disclosure statement or disclaimer statement at the time the seller’s agent receives the written offer.
- C. The buyer’s agent should make every effort to ensure that the prospective purchaser has the disclosure statement or the disclaimer statement in hand before submission of the offer to purchase the property.
Authority: Business Occupations and Professions Article, §17-208; Real Property Article, §10-702; Annotated Code of Maryland
Effective date: January 17, 1994 (21:1 Md. R. 29)
Regulation .01 repealed and new Regulation .01 adopted as an emergency provision effective October 16, 1995 (22:23 Md. R. 1795); adopted permanently effective April 8, 1996 (23:7 Md. R. 551)
Regulation .01 amended effective December 28, 2020 (47:26 Md. R. 1107)
Regulation .02 adopted as an emergency provision effective January 6, 1994 (21:2 Md. R. 95); emergency status expired July 1, 1994; adopted permanently effective July 18, 1994 (21:14 Md. R. 1228)
Regulation .02 amended effective June 1, 2017 (44:8 Md. R. 402)