Asbestos Disclosure Requirements in Maryland

UPDATED: Sep 30, 2022

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Asbestos Disclosure Requirements in Maryland

My wife and I own a home in Crofton, Maryland. We always knew that the house had asbestos tiling. We have recently become aware through testing that the house has non-friable asbestos in the drywall joint compound.

My wife and I are planning to sell the house. When we bought the house, it was sold to us with a disclaimer did not disclose any details about the house. They did not provide any details about the asbestos, but our inspection noted the suspect tile.

Are we able to list the property for sale with the same disclaimer? And is the asbestos considered a ‘latent defect’? If disclosure is required, how much detail must be provided?

Asked on January 19, 2017 under Real Estate Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The non-friable asbestos in the drywall is certainly a latent defect--it is not readily discrenable by a buyer or his/her inspector. The tile may also be a latent defect (at least arguably is), since it's not always readily apparent that tile is asbestos is not. This being the case, you are legally obligated to disclose it, since you are evidentaly aware of a latent and potentially latent defect. If you fail to disclose and the buyer later becomes aware, they could potentially sue you for the cost to remove/remediate.

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