Maryland Mold Disclosure Law: What Sellers Must Actually Tell Buyers

Maryland sellers looking for a specific “mold disclosure law” won’t find mold named anywhere in the statute — and that surprises a lot of people, because Maryland also once had a dedicated mold remediation licensing program that no longer exists. The two facts are related, and both matter to anyone buying or selling a Maryland home with a known moisture or mould history.

What Maryland’s Disclosure Statute Actually Says

Maryland Real Property Code § 10-702 requires the seller (“vendor”) of single-family residential real property to give each buyer either a Residential Property Disclosure Statement or a Residential Property Disclaimer Statement before the contract is signed. The named categories on the disclosure statement cover:

Water and sewer systems (including source of household water and any water treatment/sprinkler systems)
Insulation
Structural systems (roof, walls, floors, foundation, basement)
Plumbing, electrical, heating, and air conditioning systems
Infestation of wood-destroying insects
Land use matters
Hazardous or regulated materials (asbestos, lead-based paint, radon, underground storage tanks, licensed landfills)
Smoke alarm and carbon monoxide alarm status
Any other material defects of which the vendor has actual knowledge

Mold is not a separate, named line item. It falls under that final catch-all category — “any other material defects” — and, where a seller opts for the disclaimer form instead, under the statute’s requirement to disclose known latent defects: conditions the seller actually knows about, that a buyer wouldn’t reasonably discover on a careful visual inspection, and that pose a direct threat to health or safety. A known, active mold condition behind a wall or under flooring fits that description.

The practical takeaway: Maryland law doesn’t ask “is there mold?” as a checkbox question the way some other states’ forms do. It asks sellers to disclose known material and latent defects generally — and a known mold problem is squarely inside that duty, even without the word “mold” appearing in the statute.

Maryland Used to License Mold Remediation Contractors — It Doesn’t Anymore

This is a genuinely easy point to get wrong, because it changed. In 2008, Maryland passed the Mold Remediation Services Act, which required contractors doing residential mold remediation work to be licensed through the Maryland Home Improvement Commission (MHIC), with individual technicians required to hold accreditation such as through the American Council for Accredited Certification (ACAC).

That licensing program was terminated on July 1, 2019, under Maryland’s sunset-review process (the Maryland Program Evaluation Act), after the legislature declined to renew it — largely attributed to budget and administrative constraints identified in the state’s sunset review of the program. As of that termination date, any mold-remediation-specific license issued under the Act also terminated, and Maryland currently has no mold-remediation-specific state license.

What this means for Maryland homeowners today: general MHIC home improvement contractor licensing still applies to contractors doing residential improvement work broadly, but there is no mold-specific credential layered on top of it the way there was between 2008 and 2019. IICRC certification (AMRT, WRT, ASD) is the most reliable verifiable credential for a Maryland mold contractor today, the same as in neighboring New Jersey.

What This Means for Buyers and Sellers

If you’re selling in Maryland: disclose known mold or chronic moisture problems under the “other material defects” or latent-defect provisions — don’t assume that because “mold” isn’t printed on the form, it’s outside your disclosure duty. If you had mold remediated, keep the documentation (scope of work and, ideally, independent clearance testing) — it demonstrates the condition was known, addressed, and resolved rather than concealed.

If you’re buying in Maryland: the disclosure form only covers what the seller actually knows. It doesn’t require the seller to test for mold, and Maryland’s general catch-all language gives sellers some interpretive room about what counts as “material.” A buyer-commissioned, independent mould assessment — particularly in older housing stock, homes with finished basements, or properties in Maryland’s more humid coastal and Chesapeake Bay-adjacent areas — is the only way to verify conditions independent of what a seller chose to disclose.

Frequently Asked Questions

Does Maryland law specifically require sellers to disclose mold?

Not by name. Maryland Real Property § 10-702 requires disclosure of “any other material defects” the seller actually knows about, and known latent defects posing a health/safety threat under the disclaimer option — a known mold condition falls within those categories even though “mold” isn’t a listed item on the form.

Is there a Maryland mold contractor license I can check?

No, not currently. Maryland’s Mold Remediation Services Act (2008) created one, but it was terminated on July 1, 2019. Verify IICRC certification (AMRT/WRT/ASD) at iicrc.org instead, and confirm general MHIC home improvement licensing for the contractor.

What’s the difference between the Maryland disclosure statement and the disclaimer statement?

The disclosure statement requires the seller to describe the actual condition of listed systems and features. The disclaimer statement lets the seller decline to make representations about condition, except that known latent defects posing a health/safety risk must still be disclosed regardless of which form is used.

Can I sue a Maryland seller for undisclosed mold?

Potentially, if you can show the seller had actual knowledge of a material or latent mold-related defect that wasn’t disclosed under § 10-702. As with any real estate dispute, the facts of what the seller knew and when are central — consult a Maryland real estate attorney about a specific situation.

Do Maryland home inspectors check for mold?

A standard Maryland home inspection is not a mould assessment and doesn’t include the moisture-metering, air-sampling, or specialist training a dedicated assessment involves. If mold is a concern, commission a separate assessment from a qualified assessor (CIH, CIEC, or comparable credential).

Was Maryland’s mold licensing program replaced with something else?

Not that has been identified in the current review of Maryland’s regulatory landscape. As of this writing, Maryland relies on general MHIC contractor licensing plus voluntary industry credentials (IICRC) rather than a mold-specific state license.

Does the Maryland disclosure law apply to rental properties?

No — Real Property § 10-702 governs sales of single-family residential real property. Landlord-tenant mold obligations in Maryland are governed by separate law (habitability and lead/health-hazard provisions), not the sale-disclosure statute.

Sources

This guide is general information, not legal advice. Maryland disclosure obligations depend on the specific facts of a transaction. Consult a Maryland real estate attorney for guidance on a specific sale, purchase, or dispute.