What "as-is" actually means in a Maryland contract.

The phrase is often misunderstood by both sides of the transaction. Here's what an as-is sale waives in Maryland, what it can't waive even if the contract says so, and how to negotiate within the constraint.

1. What "as-is" does waive

An as-is provision in a Maryland purchase contract typically means the seller is making no affirmative representations or warranties about the condition of the property or its improvements, except as otherwise stated in the contract [1]. In practice it tells the buyer: "What you see is what you get; we're not promising anything about how the systems work or how long they'll last."

It also limits the buyer's ability to demand cosmetic or repair credits as part of the deal — the seller's posture is "the price reflects the condition."

2. What "as-is" does NOT waive

• Latent-defect disclosure under §10-702. Even when selling as-is, a Maryland seller must disclose known latent defects [1][2]. A latent defect is a material defect that a buyer couldn't reasonably find by careful visual inspection and that would pose a direct threat to health or safety. Hiding a known latent defect is not made legal by writing "as-is" on the contract.
• Common-law fraud. Active concealment or affirmative lies about the property are actionable regardless of the as-is clause.
• Federal lead-based paint disclosure for pre-1978 homes [3]. Title X disclosure obligations apply on every covered sale, as-is or not.
• Your inspection contingency rights in the standard MAR contract, unless explicitly waived.
• Your financing and appraisal contingencies, unless explicitly waived.
• Your title contingency — you still get clean title.

3. Disclosure vs Disclaimer election

Maryland §10-702 gives sellers two paths [1][2]:

• Residential Property Disclosure Statement — the seller answers a long list of questions about the property's actual condition.
• Residential Property Disclaimer Statement — the seller declines to make representations and sells "as is," but still must list any known latent defects.

An "as-is" sale almost always means the seller elected the Disclaimer. That election is legal; it's just often misread by buyers as "no disclosures at all." Latent defects are still on the disclaimer form. See the related MD Disclosure & Disclaimer guide for the full breakdown.

4. Your inspection rights still apply

An as-is contract does not, by itself, waive your right to inspect. The standard Maryland REALTORS® contract includes an inspection contingency with a defined window — typically 7 to 14 days — during which a buyer can [1]:

• Hire any inspectors they choose (general, radon, lead, mold, pest, sewer, etc.).
• Walk away and recover earnest money if findings are unacceptable.
• Negotiate repairs, credits, or price even on an as-is deal — the seller can say no, but the right to ask is intact.

The practical difference on as-is sales: the seller's answer is more likely "no" than "yes." Your decision becomes: accept the home as-found, ask anyway, or walk.

5. Lead-based paint rules still apply

Federal Title X requires lead-based paint disclosure on every pre-1978 residential sale, including as-is sales [3]. The seller still must:

• Disclose any known lead-based paint or hazards.
• Provide the EPA-approved pamphlet "Protect Your Family From Lead in Your Home."
• Give the buyer a 10-day window to test for lead, unless mutually waived in writing.
• Include the federally-required lead warning statement in the contract.

This is enforced by the EPA and HUD separately from Maryland §10-702.

6. Why a seller would choose "as-is"

• Estate sales. Heirs selling a parent's home often genuinely lack knowledge of its condition and decline to represent.
• Investor flips. Investors prefer to limit post-sale liability.
• Distressed properties. Sellers who can't afford repairs disclose the as-is position up front so price expectations align.
• Tenant-occupied properties. Owners with limited interior access may not feel comfortable making representations they can't verify.
• Time-pressed sellers. Some sellers prefer no-negotiation cleanliness to maximize speed.

7. How to approach an as-is buy

• Price for the worst. Build your offer with the assumption that you'll be doing all major maintenance items at your cost. Comp against other as-is sales, not move-in-ready comps.
• Inspect aggressively. Use the inspection window. Bring specialty inspectors (sewer scope, oil-tank, structural) on top of the general.
• Read the disclaimer carefully. Any known latent defects must be on there. Ask follow-up questions about anything mentioned.
• Keep all your contingencies. Don't waive financing or appraisal just because the seller is selling as-is.
• Get a Maryland real-estate attorney on the contract. As-is contracts often have buyer-unfavorable add-on language. An hour of attorney review is cheap insurance.

This guide is general information for Maryland real estate consumers and is not legal advice. As-is sales involve fact-specific legal considerations; consult a licensed Maryland real-estate attorney before signing any as-is contract, especially for distressed, estate, or investor-sold properties. Evan Kundrat is a Maryland-licensed real estate salesperson (Lic. #5003434) at Keller Williams Flagship of Maryland (Designated Broker: Barry Hess, Lic. #517943). Equal Housing Opportunity.

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