You can sell your own house in Maryland. You’ll need to give buyers the state’s disclosure or disclaimer form, the federal lead paint disclosure if the house was built before 1978, and HOA or condo documents if they apply. Then it’s on you to price it, market it, show it, write or review the contract and get it to settlement. Most FSBO sellers who get stuck do so on pricing, the contract or the buyer’s agent question.
If you’re weighing FSBO against listing, a free home value request gives you a price to work from either way, and our seller page explains what we do for the commission. No hard sell. Plenty of people sell on their own successfully.
This is general information, not legal advice. Have a Maryland real estate attorney review your contract.
What you must provide by law
The Maryland disclosure or disclaimer statement
Under Real Property § 10-702, most sellers of a house must give the buyer one of two forms on or before the contract:
- A disclosure statement listing defects and information about the condition of the house that you actually know about, or
- A disclaimer statement selling the house as-is, except that you must still list latent defects you know of that pose a direct threat to health or safety.
Use the Maryland Real Estate Commission’s current form. It was revised in September 2026 and now asks, among other things, about permits for improvements, open violations and any history of flooding or fire. The buyer signs a receipt for it.
If the buyer doesn’t get the form on or before the contract, they can cancel within 5 days after receiving it and get their deposit back. That’s an easy mistake to make without an agent. Our as-is selling guide explains which form to choose.
Lead paint disclosure for homes built before 1978
Federal rules apply to almost every pre-1978 home sale. According to the EPA’s real estate disclosure page (checked October 2026), the seller must:
- Give the buyer the EPA pamphlet “Protect Your Family From Lead in Your Home”
- Disclose any known lead-based paint or lead hazards, and their location and condition
- Provide any available records or reports about lead in the home
- Include the Lead Warning Statement in the contract
- Give the buyer a 10-day period to have the home tested, unless the buyer waives it or you both agree in writing to a different period
- Keep a signed copy of the disclosures for three years after closing
HOA and condo documents
If your home is in a homeowners association or a condominium, Maryland law requires you to provide its documents, and the buyer gets a cancellation window:
| Homeowners association | Condominium resale | |
|---|---|---|
| Law | Real Property § 11B-106 | Real Property § 11-135 |
| What you provide | Fees, delinquencies, management contact, known lawsuits or violations, governing documents | Resale certificate and condo documents from the council of unit owners |
| Deadline | On or before the contract, or within 20 calendar days after | At least 15 days before closing |
| Buyer can cancel | Within 5 calendar days after receiving everything | Within 7 days after receiving everything |
Order the documents early. Under § 11-135, the condo association has 20 days to produce its certificate after you ask in writing.
Pricing without MLS access
Pricing is where FSBO sellers lose the most money, in both directions. Price too high and the house sits; price too low and you leave thousands on the table.
Without an agent’s MLS access, you can still:
- Use public sale records. Look up recent sales on your street and nearby through the State Department of Assessments and Taxation’s Real Property Search, where each property record lists its recent transfers.
- Compare like with like. Same type of house, similar size, similar condition, sold in the last few months.
- Treat online estimates as a rough start. Our post on how to price your home in Maryland explains why automated estimates miss on older and renovated homes.
- Pay for an appraisal if you want an independent number.
Or ask us. Our home value request is free whether you list with us or not.
Marketing and showings
Buyers find homes online, so your photos and description do most of the selling.
- Photos. Bright, wide, decluttered. This is worth paying a professional for.
- Description. Facts about the house: bedrooms, bathrooms, updates with dates, systems, lot, parking. Stick to the property. Fair housing advertising rules still apply, so describe the house, not who it’s “perfect for.”
- Sign and open house. A yard sign and a weekend open house still bring in local buyers.
- Showings. Ask every buyer for a pre-approval letter or proof of funds before you schedule a private showing. Lock away valuables and medications.
- Safety. Have someone else in the house for showings when you can.
Contracts and a settlement company
When an offer comes in, you need a written contract that covers price, deposit, financing, inspection, appraisal, settlement date, what conveys with the house, and the required disclosures and addenda.
Agents use standard forms from their associations. As a FSBO seller, you’ll usually work from the buyer’s agent’s contract or have an attorney draft one. Either way, have your own attorney review it before you sign. The deadlines in the contingencies matter, and missing one can cost you the deal or your leverage.
Then choose a title or settlement company. They search title, order your mortgage payoff, collect the transfer and recordation taxes, prepare the settlement statement and record the deed. Our post on what it costs to sell a house in Maryland shows what comes out of your proceeds.
Buyer agents and compensation
Many buyers work with an agent. Since August 17, 2024, the National Association of REALTORS practice changes mean buyers sign a written agreement with their agent before touring homes, and offers to pay buyer agents can’t be posted on the MLS. Commissions are negotiable and not set by law.
What that means for a FSBO seller: a buyer’s agent may ask you to pay some or all of their fee as part of the offer. You don’t have to. But if you refuse up front, some buyers whose agreements expect the seller to pay may skip your house. Decide your answer before the first offer comes in, and put anything you agree to in writing.
When to hire help
Selling on your own works best when the house is in good shape, the market is active, you have time and you’re comfortable negotiating. It gets harder when:
- You’re on a deadline, like a job move or a new home purchase.
- The house needs work and you’ll face a long repair request.
- It’s an estate, a rental with a tenant, or a short sale, all of which add legal steps.
- Offers come in and you’re not sure which is strongest. Price isn’t everything; financing, contingencies and settlement date matter as much.
- The buyer’s inspection or appraisal comes back with problems.
You don’t have to go all or nothing. You can pay an attorney for the contract, or a broker for limited services. If you decide you want full help, our seller page explains how we work.
Bottom line
FSBO in Maryland is legal and doable. Give buyers the Maryland disclosure or disclaimer form on time, the federal lead disclosure for pre-1978 homes, and any HOA or condo documents. Price from real sales, market with good photos, screen buyers before showings, and have an attorney review the contract. If you get stuck, it’s usually on price, the contract or the buyer’s agent question, and that’s when help pays for itself. Want a price to start from? Request a free home value.
Sources
- Maryland Code, Real Property § 10-702, checked October 2026
- Maryland Real Estate Commission, Residential Property Disclosure and Disclaimer Statement (revised September 2026), checked October 2026
- Maryland State Department of Assessments and Taxation, Real Property, checked October 2026
- U.S. EPA, Real Estate Disclosures about Potential Lead Hazards, checked October 2026
- Maryland Code, Real Property § 11B-106 (HOA resale disclosures), checked October 2026
- Maryland Code, Real Property § 11-135 (condominium resale), checked October 2026
- National Association of REALTORS, Compensation, Commission and Concessions, checked October 2026