How to sell your house by owner in Maryland

For sale by owner (FSBO) in Maryland, without a realtor · rules checked · sources

Attorney at closing
Customary, not required
Seller disclosure
Required
State transfer tax
0.5%

No law makes you hire an attorney in Maryland, but most closings there use one. Maryland sellers must give buyers the Residential Property Disclosure and Disclaimer Statement (Maryland Real Estate Commission form) (Md. Code, Real Prop. 10-702). Maryland's state transfer tax is 0.5%, about $2,000 on a $400,000 sale, usually split between buyer and seller.

Maryland transfer tax and savings calculator

State transfer tax (0.5%)
$2,000
Commission you don't pay (5–6%)
$20,000–$24,000
Saved if you still pay the buyer's agent (2.5–3%)
$10,000–$12,000

Example for a $400,000 sale. Uses the base state rate of 0.5%. Full rule: State transfer tax 0.5% of consideration (0.25% for qualifying first-time Maryland buyers on principal residences), plus county transfer tax and recordation tax. State tax only; county or city taxes may add to it. Commissions are negotiable and vary; these are typical ranges, not quotes.

Steps to sell a house without a realtor in Maryland

  1. Price it from sold homes, not asking prices. Pull recent sales of similar homes nearby from the county records or the "sold" filter on the big portals, or pay a licensed appraiser for a pre-listing appraisal.
  2. Fill in the Residential Property Disclosure and Disclaimer Statement (Maryland Real Estate Commission form) now. Maryland requires it (Md. Code, Real Prop. 10-702); buyers should get it before they sign. Get the official form.
  3. Make a listing buyers can judge from home. Bright photos of every room, an honest description, a floor plan and a 360° virtual tour filter out people who were never going to buy, so fewer, better showings.
  4. List it where buyers look. A flat-fee MLS listing (a broker puts you on the MLS for a fixed fee) gets you onto Zillow, Realtor.com and Redfin; add FSBO sites, social media and a yard sign with a QR code to the tour.
  5. Show it, then get offers in writing. Ask for a mortgage pre-approval or proof of funds before a showing, and decide up front whether you'll pay a buyer's agent. Accept with a written purchase agreement; the earnest money goes to the title company or attorney, not to you.
  6. Pick who closes. Depending on the part of Maryland, a title company or an attorney runs the closing; ask a local title company what's usual in your county. Most sellers in Maryland still have an attorney review the contract.
  7. Close. You sign a special warranty deed, the title company or attorney pays off your mortgage and records the deed with the county. The state transfer tax is paid when the deed is recorded and is usually split between buyer and seller.

Maryland seller disclosure

Maryland requires sellers to disclose the home's known condition in writing on the Residential Property Disclosure and Disclaimer Statement (Maryland Real Estate Commission form) (Md. Code, Real Prop. 10-702). Give it to the buyer before they sign the purchase agreement: a late or missing disclosure can let the buyer cancel or sue.

Sellers of single-family property with 4 or fewer units must give the buyer either a condition disclosure statement or a disclaimer statement. The disclaimer still requires disclosure of known latent defects that threaten health or safety.

Residential Property Disclosure and Disclaimer Statement (Maryland Real Estate Commission form) (official source)

Whatever the state rule, a home built before 1978 needs the federal lead-based paint disclosure and the EPA pamphlet, and the buyer gets 10 days to test unless they waive it.

Maryland transfer tax

Maryland charges a real estate transfer tax when the deed is recorded: a base rate of 0.5% of the price, $2,000 on a $400,000 sale. The full rule: State transfer tax 0.5% of consideration (0.25% for qualifying first-time Maryland buyers on principal residences), plus county transfer tax and recordation tax. By custom it's usually split between buyer and seller, but the purchase contract can split it differently.

Local taxes: Counties and Baltimore City add transfer and recordation taxes (for example Montgomery County transfer tax is 1%). By statute costs are shared equally unless the contract says otherwise, but the seller pays them all when selling to a first-time Maryland home buyer who will live in the home.

Official transfer tax source

Paperwork for selling a house without a realtor in Maryland

Sellers in Maryland usually convey with a special warranty deed. The title company, escrow officer or attorney prepares it with the other closing documents.

Also expect:

  • Deliver the disclosure or disclaimer statement to the buyer before contract (statute covers vendors with or without an agent)

State transfer tax rate and the split rule are statutory, but the first-time buyer rule can shift all taxes to the seller, so check the buyer's status before pricing. Attorney or title-company settlement is standard.

The rest of the work is marketing: a clear listing, honest photos and a virtual tour. Tips in how to write a property listing and how to make a virtual tour with your phone.

Frequently asked questions

Can you sell a house without a realtor in Maryland?

Yes. No state requires a real estate agent to sell your own home. No law makes you hire an attorney in Maryland, but most closings there use one. The steps are on this page.

Do I need a lawyer to sell my house in Maryland?

Not by law. No law makes you hire an attorney in Maryland, but most closings there use one. Paying one to review the purchase contract is cheap insurance.

Are seller's disclosures required in Maryland?

Yes. Maryland sellers must give buyers the Residential Property Disclosure and Disclaimer Statement (Maryland Real Estate Commission form) (Md. Code, Real Prop. 10-702). Sellers of single-family property with 4 or fewer units must give the buyer either a condition disclosure statement or a disclaimer statement. The disclaimer still requires disclosure of known latent defects that threaten health or safety. Official form or statute. Homes built before 1978 also need the federal lead-based paint disclosure.

How much is the transfer tax in Maryland?

Maryland's state transfer tax is 0.5%, about $2,000 on a $400,000 sale, usually split between buyer and seller. Counties and Baltimore City add transfer and recordation taxes (for example Montgomery County transfer tax is 1%). By statute costs are shared equally unless the contract says otherwise, but the seller pays them all when selling to a first-time Maryland home buyer who will live in the home. Official source.

Who pays the transfer tax in Maryland?

In Maryland it's usually split between buyer and seller. Custom isn't law: the purchase contract can say who pays.

What paperwork do I need to sell my house without a realtor in Maryland?

Usually the Residential Property Disclosure and Disclaimer Statement (Maryland Real Estate Commission form); a written purchase agreement; a special warranty deed; the lead-based paint disclosure if the home was built before 1978; Deliver the disclosure or disclaimer statement to the buyer before contract (statute covers vendors with or without an agent). The title company or attorney prepares the closing documents and records the deed.

How much do you save selling a house without a realtor in Maryland?

On a $400,000 sale, a 5–6% commission is $20,000–$24,000. If you still pay the buyer's agent, you save the listing side, about $10,000–$12,000. The $2,000 state transfer tax is due either way.

Sources

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