How to Sell Your Home Without a Realtor in Maryland (2026 FSBO Guide)
Maryland's proximity to Washington DC and a thriving tech and federal contractor economy push home values well above the national median. In Montgomery County, median prices run $600,000 to $800,000. In Howard County, $550,000 to $750,000. On a $650,000 sale, a traditional 5-6% agent commission costs you $32,500 to $39,000. Maryland FSBO sellers keep that money. The state allows you to close through either a real estate attorney or a licensed title company, giving you flexibility on who handles your settlement. The legal requirements are specific but navigable.
Maryland Disclosure Requirements
Maryland's seller disclosure obligations are governed by the Maryland Residential Property Disclosure and Disclaimer Act (Md. Code Ann., Real Prop. Art. 10-702).
Sellers must provide the buyer with one of two forms before the buyer makes a written offer:
Option 1: Residential Property Disclosure Statement A detailed disclosure of the condition of the property's major systems and features, including:
- Roof, structure, foundation, walls, and ceilings
- Plumbing, electrical, heating, and cooling systems
- Water supply (public or well) and septic/sewer
- Presence of hazardous materials (lead paint, asbestos, underground storage tanks, radon)
- Presence of wetlands, floodplain, or environmental issues
- Legal issues (unpermitted improvements, zoning violations, easements, lawsuits)
- Any known material defects not otherwise covered
Option 2: Residential Property Disclaimer Statement A seller may instead provide a Disclaimer Statement, indicating they make no representations about the condition of the property and the buyer is purchasing "as is." However, sellers using the Disclaimer are still required to disclose latent defects they are aware of, and certain mandatory disclosures still apply regardless of which form is used.
Additional mandatory disclosures regardless of form choice:
- Lead paint: Federal law (42 U.S.C. 4852d) requires disclosure for homes built before 1978. Maryland also has state-specific lead paint requirements under Md. Code Ann., Environment Art. 6-801 et seq. Rental properties have additional requirements, but even for sales, lead paint disclosure is strictly enforced.
- HOA/Condo disclosure packet: See the HOA section below. This is a major Maryland-specific requirement.
- Bay Restoration Fund / agricultural preservation: If in certain areas, additional notices may apply.
Sellers should use the current Maryland Association of REALTORS disclosure forms or attorney-drafted equivalents. The buyer has the right to rescind the contract within 5 days of receiving the disclosure form if they are not satisfied with it.
Maryland HOA Disclosure Packet
If your property is subject to a homeowners association or condominium regime, Maryland law (Md. Code Ann., Real Prop. Art. 11B-106 for HOAs and Art. 11-135 for condos) requires the seller to provide a disclosure packet to the buyer before the sale.
The HOA disclosure packet typically includes:
- Current declaration, bylaws, and rules and regulations
- Current budget and financial statements
- Reserve fund status
- Any pending special assessments
- Current monthly assessment amount
- Resale certificate from the HOA management company
The seller is responsible for ordering the packet from the HOA or its management company. This often costs $200 to $500 and takes 5-14 business days. Order it as soon as you have a ratified contract.
The buyer has 5 days from receipt of the complete HOA disclosure packet to rescind the contract without penalty. Do not delay providing this packet.
Maryland Purchase Process / Contracts
Maryland allows closing through either a licensed real estate attorney or a licensed title company. Unlike true attorney-only states, Maryland gives sellers and buyers the choice of either, and title companies handle the majority of residential closings in the state.
Contract norms:
- The Maryland Association of REALTORS (MAR) Residential Contract of Sale is the standard form used throughout the state. As a FSBO seller, you can obtain this form through a real estate attorney or flat-fee MLS service.
- The contract is typically prepared by the buyer's agent or, in FSBO transactions, by a real estate attorney.
Key Maryland contract provisions:
- Financing contingency: Typically 21-30 days for the buyer to obtain a mortgage commitment
- Home inspection contingency: Typically 10-15 days from ratification
- Property condition contingency: Buyer may negotiate repairs or credits based on inspection findings
- Ratification: In Maryland, a contract is "ratified" when all parties have signed. The 5-day HOA disclosure and 5-day disclosure form rescission rights both run from after ratification and delivery of the applicable documents.
- Earnest money deposit (EMD): Typically 1-5% of the purchase price in Maryland. Held in escrow by the title company or buyer's attorney.
- Settlement date: Typically 30-45 days from ratification
Maryland does not require an attorney to be present at closing, but using a settlement attorney or title company is required to clear title and record the deed. Budget $300 to $800 for settlement/title fees beyond the transfer taxes.
Maryland Transfer Taxes and Closing Costs
Maryland has a layered system of transfer taxes: a state transfer tax, a state recordation tax, and county-level recordation taxes. These costs are significant and sellers need to plan for them.
State Transfer Tax
- Rate: 0.5% of the sale price
- First-time Maryland homebuyers: seller pays the full 0.5%
- All other buyers: seller and buyer each pay 0.25% (split equally)
- Exception: sales to first-time homebuyers result in the seller paying the full state transfer tax
State Recordation Tax (paid by buyer, but often negotiated)
- Rate: $6.60 per $1,000 of the sale price (applies statewide)
- This is technically the buyer's cost but is frequently split or negotiated in the contract
County Recordation Taxes (vary significantly by county)
Major county rates as of 2025-2026:
| County | Recordation Tax |
|---|---|
| Montgomery County | $8.90 per $1,000 |
| Prince George's County | $5.00 per $1,000 |
| Howard County | $5.00 per $1,000 |
| Anne Arundel County | $7.00 per $1,000 |
| Baltimore City | $5.00 per $1,000 |
| Baltimore County | $5.00 per $1,000 |
| Frederick County | $6.00 per $1,000 |
| Charles County | $6.60 per $1,000 |
County recordation taxes are typically paid by the buyer, but allocation is negotiable in the contract. In competitive markets, sellers sometimes offer to contribute.
Sample seller closing costs on a $650,000 sale in Montgomery County:
- State transfer tax (seller's share, non-first-time buyer): $1,625
- Settlement/title fee: $400 to $800
- HOA disclosure packet: $200 to $500
- Prorated property taxes (Maryland taxes in arrears)
- Mortgage payoff and discharge (if applicable)
- Maryland withholding for non-resident sellers: 8% of the gain (residents exempt)
Non-resident withholding: If you are not a Maryland resident at the time of sale, Maryland requires the title company to withhold 8% of the net proceeds (or 8% of the estimated gain) and remit to the Comptroller. Residents file their normal Maryland income tax return reporting the sale.
Maryland Markets
Montgomery County (Bethesda, Silver Spring, Rockville, Gaithersburg, Potomac)
The wealthiest jurisdiction in the state and one of the wealthiest in the US. Median prices range from $550,000 in Silver Spring and Wheaton to over $1.5 million in Potomac and Chevy Chase. A federal government and biotech employment base drives consistent demand. Flat-fee Bright MLS listing is essential here: buyer agents dominate Montgomery County.
Howard County (Columbia, Ellicott City, Clarksville)
Consistently ranked among the best places to live in the US. Median prices $500,000 to $750,000 in Columbia, with Clarksville and River Hill topping $900,000+. Very strong school district demand. FSBO with Bright MLS works well.
Prince George's County (Bowie, Laurel, Greenbelt, College Park, Upper Marlboro)
The most affordable major DC-adjacent market in Maryland. Median prices $350,000 to $500,000. Strong demand from federal employees and military (Joint Base Andrews, etc.). Active FSBO market. Flat-fee MLS recommended.
Baltimore City and Baltimore County
Baltimore City median prices are highly neighborhood-dependent: $200,000 to $400,000 in most areas, with Federal Hill, Canton, and Fell's Point running $450,000 to $700,000. Baltimore County (Towson, Timonium, Owings Mills) runs $350,000 to $600,000. A more direct-buyer market exists here than in the DC suburbs.
Annapolis and Anne Arundel County
Waterfront lifestyle market. Median prices $450,000 to $900,000, with waterfront properties considerably higher. Strong out-of-state buyer interest. Professional photography and video are important here.
Frederick County and Western Maryland
More affordable, growing commuter market. Frederick City median prices $400,000 to $550,000. Strong growth driven by DC-area buyers seeking more affordable options.
Getting on the Maryland MLS
Maryland is served primarily by Bright MLS, one of the largest MLSs in the country. Bright MLS covers the entire DC metro area including all Maryland counties, Northern Virginia, Delaware, and parts of Pennsylvania and New Jersey. A flat-fee Bright MLS listing reaches every buyer agent active in Maryland.
Flat-fee Bright MLS listings are available from $99 to $399 through services including ListWithFreedom, Houzeo, and others.
Additional free listing platforms:
- Zillow FSBO (free)
- Craigslist Baltimore / DC-Maryland (free)
- Facebook Marketplace and Maryland/DC FSBO groups
- Nextdoor (strong in suburban communities)
- Yard sign with contact info
Buyer agent commission: Decide before you list whether to offer a buyer agent commission. In Maryland, 2-2.5% is the typical buyer agent cooperative compensation. Offering it in your Bright MLS listing will prevent buyer agents from filtering out your listing.
Checklist: Maryland FSBO Process
- Engage a Maryland real estate attorney or licensed title company before listing
- Order and complete the Maryland Residential Property Disclosure Statement (or Disclaimer Statement)
- Complete federal lead paint disclosure if home was built before 1978
- If in an HOA or condo: order disclosure packet immediately after ratification (5-14 business day turnaround, $200-$500)
- Confirm no outstanding liens, judgments, or unpermitted improvements on property
- Gather documents: deed, survey, permits for improvements, HOA documents
- Confirm property taxes are current
- Professional photography
- Price using recent sold comps (DC-adjacent markets move fast: use 30-60 day data)
- List on Bright MLS via flat-fee service (essential in Montgomery, Howard, and PG counties)
- List on Zillow FSBO, Craigslist, Facebook Marketplace, Nextdoor
- Post yard sign with contact info
- Field inquiries and schedule showings
- Review offers using Maryland Association of REALTORS contract form
- Have attorney or title company review ratified contract
- Deliver Residential Property Disclosure Statement before or at time of contract (buyer has 5-day rescission right from receipt)
- Deliver HOA disclosure packet promptly after ratification (buyer has 5-day rescission right from receipt)
- Cooperate with buyer inspection (typically 10-15 days from ratification)
- Respond to repair requests in writing
- Monitor buyer mortgage commitment deadline
- Title company or attorney completes title search, resolves any title issues
- Final walkthrough
- Close: sign deed and settlement documents, pay state transfer tax, receive proceeds
- If non-resident: coordinate withholding with title company
This guide is for informational purposes only and does not constitute legal advice. Maryland transfer tax rules and HOA disclosure requirements have strict timelines and financial consequences. Consult a licensed Maryland real estate attorney or title professional for guidance specific to your transaction.