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Copyright 2023 Maryland REALTORS
®
. For use by REALTOR® members of Maryland REALTORS® only. Except as negotiated by the parties to the Contract, this form may not be
altered or modified in any form without the prior express written consent of Maryland REALTORS
®
.
43. MILITARY INSTALLATIONS: This Section does not apply in Allegany, Carroll, Frederick, Garrett, Howard,
Montgomery, and Washington Counties. Buyer is advised that the Property may be located near a military installation that
conducts flight operations, munitions testing, or military operations that may result in high noise levels.
44. NOTICE TO THE PARTIES:
A. NO REPRESENTATIONS: Brokers, their agents, subagents and employees, make no representations with
respect to: (1) Water quantity, quality, color, or taste or operating conditions of public and/or private water systems;
(2) Location, size or operating condition of on-site sewage disposal systems;
(3) The extensions of public utilities by local municipal authorities, existence or availability of public utilities,
and any assessments, fees or costs for public utilities which might be imposed by local municipal authorities or private
entities, should public utilities be extended or available to the subject Property. (Buyer should consult the Department of
Public Works to determine the availability of proposed future extensions of utilities.);
(4) Lot size, exact location. If the subject Property is part of a recorded subdivision, Buyer can review the
plat upon request at the Record Office. If the subject Property is not part of a recorded subdivision, Buyer may verify exact
size, location and through a survey by a licensed engineer or land surveyor, at Buyer’s expense;
(5) Existing zoning or permitted uses of the Property, including, without limitation, whether any
improvements to the Property required permit(s) and, if so, whether such improvements, were completed pursuant to
permit(s) issued and/or whether any permit(s) issued were complied with. Buyer should contact the appropriate local
government agency and/or a licensed engineer to verify zoning, permit issuance/status, and permitted uses;
(6) Whether properly licensed contractors have been used to make repairs, renovations and improvements
to the Property.
B. NO ADVISING: Brokers/agents are not advising the parties as to certain other issues, including without limitation:
soil conditions; flood hazard areas; possible restrictions of the use of property due to restrictive covenants, leases,
subdivision, environmental laws, easements or other documents; airport or aircraft noise; planned land use, roads or
highways; and construction materials and/or hazardous materials, including without limitation flame retardant treated
plywood (FRT), radon, radium, mold spores, urea formaldehyde foam insulation (UFFI), synthetic stucco (EIFS), asbestos,
polybutylene piping and lead-based paint. Information relating to these issues may be available from appropriate
governmental authorities. This disclosure is not intended to provide an inspection contingency.
C. COMPENSATION OF VENDORS: Buyer and Seller each assume full responsibility for selecting and
compensating their respective vendors.
D. PROTECTION OF HOMEOWNERS IN FORECLOSURE ACT NOTICE: BUYER AND SELLER
ACKNOWLEDGE THAT, UNDER SECTION 7-310 OF THE REAL PROPERTY ARTICLE OF THE ANNOTATED CODE
OF MARYLAND, IF THE MORTGAGE ON THE PROPERTY IS AT LEAST 60 DAYS IN DEFAULT ON THE DATE OF
CONTRACT ACCEPTANCE, SELLER HAS THE RIGHT TO RESCIND THE CONTRACT WITHIN 5 DAYS AFTER THE
DATE OF CONTRACT ACCEPTANCE. ANY PROVISION IN THIS CONTRACT OR OTHER AGREEMENT THAT
ATTEMPTS OR PURPORTS TO WAIVE ANY OF THE SELLER’S RIGHTS UNDER SECTION 7-310 IS VOID.
45. HOMESTEAD PROPERTY TAX CREDIT NOTICE TO BUYER: IF YOU PLAN TO LIVE IN THIS HOME AS YOUR
PRINCIPAL RESIDENCE, YOU MAY QUALIFY FOR THE HOMESTEAD PROPERTY TAX CREDIT. THE HOMESTEAD
PROPERTY TAX CREDIT MAY SIGNIFICANTLY REDUCE THE AMOUNT OF PROPERTY TAXES YOU OWE. Additional
information may be obtained at: https://dat.maryland.gov/realproperty/pages/maryland-homestead-tax-credit.aspx
.
46. PROPERTY TAX NOTICE – 60 DAY APPEAL: If any real property is transferred after January 1 and before the
beginning of the next taxable year to a new owner, the new owner may submit a written appeal as to a value or classification
on or before 60 days after the date of the transfer.
SECTION SIX: TRANSFER OF TITLE AND CLOSING
47. NOTICE OF BUYER’S RIGHT TO SELECT SETTLEMENT SERVICE PROVIDERS: Buyer has the right to select
Buyer’s own title insurance company, title lawyer, settlement company, escrow company, mortgage lender or
financial institution as defined in the Financial Institutions Article, Annotated Code of Maryland. Buyer
acknowledges that Seller may not be prohibited from offering owner financing as a condition of settlement.
48. DEED AND TITLE: Upon payment of the purchase price, a deed for the Property containing covenants of special
warranty and further assurances (except in the case of transfer by personal representative of an estate), shall be executed
by Seller and shall convey the Property to Buyer. Title to the Property, including all chattels included in the purchase, shall
be good and merchantable, free of liens and encumbrances except as specified herein; except for use and occupancy
restrictions of public record which are generally applicable to properties in the immediate neighborhood or the subdivision
in which the Property is located and publicly recorded easements for public utilities and any other easements which may be
observed by an inspection of the Property. Buyer expressly assumes the risk that restrictive covenants, zoning laws or
other recorded documents may restrict or prohibit the use of the Property for the purpose(s) intended by Buyer. In the event
Seller is unable to give good and merchantable title or such as can be insured by a Maryland licensed title insurer, with
Buyer paying not more than the standard rate as filed with the Maryland Insurance Commissioner, Seller, at Seller’s
expense, shall have the option of curing any defect so as to enable Seller to give good and merchantable title or, if Buyer