Real Estate Law in Maryland
A Maryland property transaction carries its own paperwork and taxes: a land records filing, a state transfer tax plus a county recordation tax, a seller disclosure with a rescission right, and for some homes a ground rent registry. We guide buyers, sellers, landlords and owners through those steps, through Brandon Northington, who is admitted in Maryland and the District of Columbia.
Below are the Maryland rules that most often change the outcome.
What is different about a Maryland property transaction
Recording. The clerk of the circuit court records a deed with an intake sheet listing each grantor and grantee, the consideration, each tax due and any exemption claimed, and the deed must carry a certification that an attorney or a named party prepared it (Real Property § 3-104).
Disclosure. For a single-family home of four or fewer units, the seller must deliver a Real Estate Commission disclosure or disclaimer statement on or before entering the contract (§ 10-702). A buyer who does not receive it on time may rescind until 5 days after receiving it, and that right cannot be waived in the contract. Even an as-is disclaimer must disclose known latent defects that threaten health or safety.
Foreclosure. On residential property, the lender must send a notice of intent to foreclose at least 45 days before filing, and the action cannot be filed until the later of 90 days after default or 45 days after that notice (§ 7-105.1). A borrower can cure the default until 1 business day before the sale.
Ground rent. Some Maryland homeowners pay ground rent under a lease. Only ground rents on SDAT's registry are legally collectible, and an owner can redeem through SDAT, which issues a certificate to be recorded in the land records.
Purchases and Sales
Contract review, seller disclosure issues, title review and closing, including the recording and tax steps that apply in your county.
Residential Leasing and Security Deposits
Lease drafting and disputes, including the deposit limits and 45-day return rules of § 8-203.
Foreclosure Defense
Review of the 45-day notice, loss mitigation and mediation rights, and cure or reinstatement before sale.
Ground Rent and Title Matters
Registry checks, redemption through SDAT, and curing title defects before they stall a sale.
What taxes do I pay when I buy or sell property in Maryland?
The state transfer tax is 0.5 percent of the consideration. A first-time Maryland buyer who will live in the home pays 0.25 percent, and the seller pays all of it (Tax-Property § 13-203). The recordation tax rate is set by each county and Baltimore City (§ 12-103), so your total depends on where the property sits.
Can a buyer back out if the seller gave no disclosure statement?
Yes, within limits. If the statement did not arrive on or before the contract, the buyer may rescind in writing until 5 days after receiving it, and the deposit is returned. The right ends when the buyer applies for a mortgage if the lender has disclosed in writing that it ends on application.
Do I pay transfer tax if I put my home into a trust?
Not when the transfer is without consideration. Estates and Trusts § 14.5-1001 bars recordation tax, transfer tax and other state or local excise taxes on a no-consideration transfer of real property to a trust, and on listed transfers from a trust to beneficiaries, such as after a revocable trust settlor dies.
How much can a Maryland landlord charge as a security deposit?
Generally no more than 1 month's rent per unit, or up to 2 months in a narrow case involving utility assistance, direct utility payments to the landlord and a written agreement. The deposit, with interest, is due back within 45 days after the tenancy ends, and a landlord who withholds without a reasonable basis faces up to three times the amount plus fees.
Facing a real estate question in Maryland?
The first consultation is confidential, and we respond within one business day. Tell us about the property and the deadline you are working against.