Real estate can be a very exciting venture, but it does require some background knowledge or at least you need to know who to hire to navigate it well. Maybe you're interested in a real estate purchase because you want to make it a rental property.

On the one hand, you will need to understand how purchase agreements work. On the other hand, you would need to understand lease-based laws such as those that affect rent control.

The former is the focus here as the details below aim to help you understand the purchase and sale agreement that will guide your real estate transaction.

Residential Property Disclosure

While the purchase agreement for a piece of real estate will cover crucial details such as the purchase price, particulars of the parties involved, etc., state law will often have required disclosures that need to be made by a seller.

In most cases, this will see the seller of a residential property disclose explicit details concerning the condition of the property.

In Maryland, purchase agreements only require a single disclosure form. A seller will need to provide details of any defects and the property's condition in general to the best of their knowledge. This will be done using a Residential Property Disclosure and Disclaimer Form.

Before the purchase and sale agreement is executed, the seller will need to complete and provide the documentation.

Bear in mind that there can be situational disclosures. For example, a property constructed before 1978 will need a disclosure on the dangers of lead-based paint.

Recommended Elements

A Maryland residential purchase agreement doesn't have a format that is set in stone. Nevertheless, it's always good to capture certain details that will lead to a smoother process follow for the real estate contract. Some of the recommended ones are as follows:

  1. The purchase price of the property
  2. And conditions that need to be met for the purchase agreement to be valid
  3. The names and contact information of the parties involved
  4. How financing for the purchase of the property will take place
  5. The closing date of the sale agreement
  6. Information about the property's condition
  7. Any additional terms
  8. Signatures of the parties involved

Once the buyer and seller agree on the details put forward in the purchase and sale agreement, they need only sign and then the transfer can begin.

If there is any disagreement on the terms put forward, the offer can be declined altogether or a counteroffer can be made.

Bottom Line

A real estate purchase agreement outlines the terms and other information pertinent to the sale of a property. In Maryland, a disclosure form will need to accompany the agreement. This is legally required and will speak to the condition of the property as well as any defects present.

If the property was constructed before 1978, a lead-based paint disclosure would also need to be made.

The forms involved in Maryland real estate can be prohibitive to track down or construct. Thankfully, you don't need to worry about that as Doorloop has compiled all the forms you need here!


Does a Commercial Property Sale Agreement Have the Same Kind of Structure as the Residential Property Agreement?

Commercial property sales also have a negotiation phase followed by a transfer phase as their residential counterparts do.

What Happens if Conditions Are Not Met When a Real Estate Contract Is Meant to Become Active?

The contract will not become effective. Both the buyer and seller will need to agree on how to proceed in writing.

Can the Purchase Price on the Sale Agreement Be Amended?

Yes. Once the document hasn't been signed by both parties, changes such as counteroffers are welcome.

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David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!