When You Sell in Southern Maryland: Should You Provide a Disclosure or a Disclaimer?

If you’ve ever sold a home in Southern Maryland—whether in St. Mary’s, Calvert, or Charles County—you’ve probably asked yourself: Do I have to fill out that whole disclosure form, or can I just check “Disclaimer” and call it a day?  

It’s a fair question. The Maryland Residential Property Disclosure and Disclaimer Statement can look intimidating, and many sellers wonder which box protects them best. As someone who’s guided hundreds of local sellers through this exact choice, I can tell you—it’s not just a paperwork decision. It can influence your buyer’s confidence and even the timeline of your sale.  

So, let’s crack this open together. I’ll walk you through what each option means, how local market conditions play a role, and what I’ve seen work best depending on your home, location, and comfort level.

 What’s the Difference Between Disclosure and Disclaimer?

In Maryland, every seller of a residential property must give buyers one of two things: a Disclosure or a Disclaimer.  

- Disclosure: You’re telling buyers what you know about the property’s condition. Think of it as a transparency statement—leaky roof? Repaired foundation? You check the right boxes and add details if needed.  

- Disclaimer: You’re saying you’re not making any representations about the property’s condition. Essentially, the message is “I’m selling it as‑is.”  

This choice isn’t about hiding information—it’s about how much you’re comfortable sharing and how the current condition of your home might affect negotiations.

 How This Plays Out in Southern Maryland

Here in Southern Maryland, the decision often depends on the type of property and the market vibe at that moment.  

If you’re selling a newer home in a Calvert County HOA community, buyers often expect to see a Disclosure. They feel more comfortable knowing how the systems have been maintained and when the roof was replaced. It helps make your home stand out in a competitive market.  

But let’s say you’re selling an older farmhouse in St. Mary’s County that needs some love, or maybe a waterfront cottage near Solomons that’s seen its share of Chesapeake humidity. In those cases, a Disclaimer can make sense—especially if you’re pricing the home accordingly and the buyer is aware it’s being sold as‑is.  

I’ve found that buyers in Charles County who are using VA or FHA loans (often folks connected to the D.C. or Pax River base commutes) tend to prefer disclosures because their lenders may require inspection clarity. So while the choice is yours, local buyer expectations sometimes steer the decision naturally.

 What If You’re Not Sure What to Choose?

If you have a well‑maintained home and want to reassure buyers, a Disclosure often works in your favor. It builds trust and can prevent miscommunication later.  

However, if you’re selling an estate property, inherited home, or a rental you haven’t lived in, a Disclaimer may be the more accurate route—you can’t disclose what you don’t actually know.  

Either way, I always review the form line‑by‑line with my clients so you understand how it applies to your home. The goal isn’t to “protect” you by omission—it’s to make sure what you sign truly reflects your knowledge and comfort level.

 Common Misconceptions I See

- “I can use a Disclaimer even if I know something’s wrong.”  

  Not exactly. If there’s a known material defect (something that significantly affects the home’s value or livability), you still must disclose it under Maryland law, even if you otherwise choose Disclaimer.  

- “Buyers won’t care which one I pick.”  

  Actually, they do. In our Southern Maryland market, transparency tends to speed up inspections, build trust, and reduce price adjustments later.  

- “A Disclaimer means no inspections.”  

  Nope. Buyers can (and often still will) order their own inspections even when you’ve disclaimed.  

 People Also Ask

1. Can I switch from a Disclaimer to a Disclosure later?  

Yes. You can update your response anytime before contract acceptance if you decide to provide more information. Once the buyer signs, though, both sides must agree to any changes.  

2. What happens if I don’t provide the form at all?  

In Maryland, a buyer can void the contract within five days of receiving the proper form—so skipping it is not an option. Every seller must deliver either a Disclosure or a Disclaimer.  

3. Which option helps my home sell faster in Southern Maryland?  

That depends on your home and pricing strategy. In competitive areas like parts of Calvert County or near the Pax River base, full Disclosure often builds more buyer confidence. For older homes or fixer‑uppers, a Disclaimer might be just fine.  

4. What about condos or townhomes with HOAs?  

Those sellers must also provide resale package documents that outline fees, rules, and budgets in addition to the Disclosure or Disclaimer form. I always help my clients coordinate this early so nothing holds up the timeline.  

5. Is “as‑is” the same as choosing Disclaimer?  

Not exactly—they often go hand‑in‑hand, but “as‑is” refers to how the property is being sold, while “Disclaimer” refers to what you’re telling the buyer about its condition. You can technically sell “as‑is” even if you’ve made a full Disclosure.

 Thinking About Selling in Southern Maryland?

Whether you’re in Leonardtown, La Plata, Prince Frederick, or anywhere between, I’d be happy to walk you through your options. Understanding the Disclosure vs. Disclaimer decision is just one small part of a smooth sale—but it’s an important one.  

Reach out to me, Amanda Holmes, your local Southern Maryland Realtor serving St. Mary’s, Calvert, and Charles Counties (and licensed in Virginia too), and we’ll make sure you choose the path that keeps your sale simple and successful—from paperwork to closing day.