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A home inspector reviews a checklist with buyers, covering foundation, roof, electrical, and other key areas to ensure the home’s condition is fully understood.
Home inspections are a critical step in Maryland real estate transactions. They help buyers identify issues and give sellers a chance to address problems before they derail a sale. Below, we dive into what buyers and sellers should expect, the types of inspections common in Maryland, state-specific requirements, negotiation tactics after an inspection, and current market trends. This Maryland-focused insight will prepare you for a smoother home buying or selling experience.
1. Inspection Basics for Buyers & Sellers
For Home Buyers: What to Expect & How to Prepare
Inspection Contingency & Timeline: In Maryland, most purchase contracts include a Property Inspections Addendum – an inspection contingency giving the buyer a set time (often 7–14 days after contract acceptance) to perform inspections. Schedule a licensed home inspector promptly to meet deadlines, since missing the deadline means you buy “as is” with no further repairs.
During the Inspection: A standard home inspection takes about 2–3 hours. Buyers are encouraged to attend and observe. Inspectors will visually examine the home’s structure, systems, and components – from the foundation and roof to electrical panels and plumbing. A good inspector also educates buyers on home systems and maintenance (e.g. pointing out HVAC filters or estimating remaining life of the water heater). Expect a detailed written report with findings and photos.
Common Findings: Very few inspections are “clean” with zero issues. Typical Maryland home inspection findings include minor and major items: for example, grading and drainage problems causing basement leaks, roofing issues like missing flashing, outdated or unsafe electrical wiring, minor plumbing leaks, or older HVAC systems. Older Maryland homes may have deferred maintenance (peeling paint, worn HVAC, etc.) that show up in inspections. Buyers should be ready to see a list of issues – this is normal. Focus on significant defects (structural problems, safety hazards, water intrusion, mold, etc.) and don’t panic over minor or cosmetic items.
Keep Perspective: Use the inspection report as a tool for decision-making. Remember that an inspection is not a pass/fail test – it’s a snapshot of condition. No house is perfect, especially in Maryland’s older housing stock. The goal is to identify any major defects or safety issues. Small maintenance items (a dripping faucet or nail pops in drywall) can be addressed later by the buyer. Major issues that pose health/safety risks or affect habitability are the ones to negotiate with the seller. In short, don’t nit-pick every line item – focus on what truly matters for your safety and budget.
For Home Sellers: Preparing Before Listing & Before Buyer Inspections
Pre-Listing Prep to Avoid Surprises: It’s wise for Maryland sellers to fix known issues before listing the home. Address simple repairs like leaky faucets, missing shingles, or peeling paint to prevent them from showing up on the buyer’s inspection report. Consider a pre-listing inspection – some sellers hire their own inspector to identify problems in advance. Taking care of defects early means fewer last-minute surprises that could scare off buyers. Deals are far less likely to fall through when sellers have already addressed or disclosed known problems ahead of time
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Disclosure Obligations: Maryland law requires sellers to either provide a Property Condition Disclosure or choose an “As-Is” disclaimer for most residential sales. Even with a disclaimer (selling as is), you must disclose any latent defects that pose a health or safety risk – for example, known structural issues, termite damage, high radon levels, or a failing septic system. It’s better to be transparent; hiding issues can lead to lawsuits later. In fact, if you’re questioning “Should I disclose this?”, the answer is almost always yes. Buyers appreciate honesty, and disclosing known problems builds trust and protects you legally.
During the Buyer’s Inspection: When a buyer schedules their inspection, plan to be away from the home during the inspection timeframe. Maryland buyers pay for their inspections, and the findings “belong to them,” so give the inspector and buyers space to evaluate the house. Hovering sellers can make buyers nervous. You’ll get to see the results soon enough – if the buyers request repairs, they will provide the relevant pages of the report to justify their asks. It’s best to remain hands-off and patient at this stage.
Common Issues in MD Homes: Be aware of the typical trouble spots inspectors find in Maryland so you can pre-empt them. Some examples: water and moisture issues are common (damp crawl spaces, basement seepage) – ensure gutters, grading, and sump pumps are functioning to prevent bad reports. Roof and attic problems (missing flashing, past leaks, poor ventilation) often arise – address known roof leaks or shingle damage. Termite or pest damage can derail a sale – if you’ve had termites in the past, get a professional treatment and be ready to show documentation. Outdated electrical (like old fuse boxes or knob-and-tube wiring in historic MD homes) is a red flag – consider an electrical upgrade or at least get an electrician’s opinion in advance. Proactively fixing such issues can speed up your sale and even boost your home’s value.
Documentation: It helps to gather service records and receipts for any major repairs or maintenance you’ve done (HVAC servicing, roof work, septic pumping, etc.). Providing these to the buyer can show that the home has been cared for. If you recently replaced a big-ticket item (new furnace, new well pump, etc.), having paperwork ready might reassure buyers and counter any inspection comments about “old system near end of life.”
2. Types of Inspections in Maryland
Homebuyers can opt for several types of inspections beyond the standard home inspection. Maryland’s geography (from urban rowhomes to rural farms to Bay-front properties) means different homes have different inspection needs. Here are common inspection types and how they apply in MD:
Standard Whole-Home Inspection: This is the typical inspection of the house’s structure and primary systems (foundation, roof, exterior, electrical, plumbing, HVAC, interior, etc.). Maryland licensed home inspectors follow a Standards of Practice to perform a visual inspection and report on material defects. They won’t tear into walls, but will test accessible outlets, run appliances, inspect attics and crawl spaces, and so on. This general inspection is usually not required by law, but virtually every buyer should get one for their own protection. Some new construction buyers even hire an inspector for a pre-drywall or final walk-through inspection to catch builder oversights. In Maryland, inspectors must be licensed and have completed training and an exam, ensuring a level of quality. Always hire a reputable, licensed inspector – your real estate agent can recommend trusted names.
Wood-Destroying Insect (Termite) Inspection: Termite and other wood-destroying insect inspections are very common in Maryland due to our climate. While not mandated by Maryland law for all sales, many lenders (FHA, VA, and others) require a termite inspection report (often called a “WDI report”) as part of the loan approval. Even when not required, it’s highly recommended for buyers. Licensed pest control inspectors will look for termites, carpenter ants, beetles, or carpenter bees and any wood damage or active infestation. Maryland uses a standard form (MD Department of Agriculture Form MD-1) for WDI inspections, and most professional inspectors or pest companies will provide findings on this form. If evidence of termites is found, treatment and repairs can be negotiated. Pro tip: Sellers can proactively get a termite inspection and treatment warranty before listing – this can make your home more marketable (buyers love seeing “Termite Certification: No active infestation” in the documents).
Radon Testing: Radon is an invisible, odorless radioactive gas found in soil across Maryland. High levels of radon exposure can cause lung cancer over time. Montgomery County, MD is unique in that it requires radon testing for single-family home sales – since 2016, sellers in Montgomery County must test the home and provide results to buyers (tests must be done within 1 year of closing). For the rest of Maryland, radon testing is optional but wise, especially in counties known to have elevated radon (Frederick, Carroll, Baltimore County, etc., which have areas designated EPA Zone 1 for radon). A radon inspection involves placing a test kit in the lowest livable area of the home for 2–3 days. Many home inspectors are certified to conduct radon tests for an additional fee. If high levels are found (4.0 pCi/L or above), buyers often ask for a radon mitigation system, which a seller can install for roughly $800–$1,500. Maryland also requires sellers to disclose any known radon hazards – even outside of Montgomery County – so it’s in everyone’s interest to test.
A radon test kit set out in a home. Montgomery County, MD requires radon testing for all single-family home sales, and many buyers elsewhere in Maryland also request radon tests for safety.
Septic System Inspection: Many homes in rural or suburban parts of Maryland are not on public sewer but instead use on-site septic systems. Septic inspections are highly recommended for these properties. A septic inspector (or septic pumping company) will usually pump the tank to examine its condition, inspect distribution boxes, check drain fields, and assess overall function. Maryland law doesn’t force a septic inspection, but it does require that anyone performing a septic inspection for a property transfer be certified by the state (MDE-approved course). In practice, many home purchase contracts add a septic inspection contingency, or buyers do it during the home inspection period. Lenders may require a working septic (no failure) as a condition of financing. If a septic fails inspection (e.g. it’s not treating waste properly or has structural issues), the buyer and seller must negotiate repairs or replacement – which can be costly. There’s no automatic law requiring sellers to fix a failed septic, but the issue becomes a contract negotiation point. In some cases, if no agreement is reached on a bad septic, the contract can be canceled by either party. Tip for sellers: If your home has a septic, consider getting it inspected and pumped before listing, and offer the report to buyers. Transparency can save your deal.
Well Water Testing: Likewise, homes not on public water will have a private well. Starting October 1, 2024, Maryland law (Real Property §10-713) will require that contracts for homes with private wells include a provision for the buyer to perform water quality testing as a condition of sale. The well water test must be done and results reviewed by both buyer and seller before closing, and both must sign off that they’ve seen the results. (The buyer can waive this testing in writing if they choose.) The water test looks for potability issues and contaminants (bacteria, nitrates, perhaps heavy metals depending on local concerns). Results are valid for 3 years for any subsequent sale. Even prior to this law, most Maryland buyers with wells would test the water – but now it’s formalized. Sellers with wells should consider shocking or sanitizing the well and testing it themselves pre-listing to avoid surprises (for example, a common issue is coliform bacteria in well water, which is usually fixable with treatment). Also, yield testing (to ensure the well produces sufficient gallons per minute) can be done if water flow is a concern, though the new law focuses on water quality.
Mold & Environmental Inspections: A standard home inspection will note visible mold-like growth or moisture problems, but it usually won’t include air sampling or lab tests. If an inspector or buyer suspects mold (musty smells, visible patches in attic or basement), the buyer can add a mold inspection or indoor air quality test. Maryland doesn’t mandate mold testing, but mold is a common issue in our humid climate – especially in older Baltimore rowhomes or any house that’s had leaks. In the inspection report, “Signs of mold growth are a huge red flag” and often lead to a recommendation for a specialized mold evaluation. Other environmental tests include lead paint inspections (important for houses built before 1978 – federal law requires sellers to provide a Lead Paint Disclosure, but buyers can test if concerned) and asbestos inspections in very old homes. These specialized inspections are optional and usually at the buyer’s discretion. If you’re buying a home in Maryland that was built decades ago and planning renovations, it might be worth testing for lead, asbestos, or mold so you know what you’re dealing with.
Chesapeake Bay Waterfront Considerations: Maryland’s waterfront properties (along the Chesapeake Bay and its tributaries) require extra attention during inspections. Inspectors will look at shoreline erosion and any measures in place to combat it, such as bulkheads or living shorelines. Flood risk is a big factor – expect discussion of flood zones and whether the home’s elevation is sufficient or if flood insurance is recommended. Saltwater exposure can corrode metal components (railings, HVAC units, plumbing) much faster than inland; an inspection on the Bay will note any rust or corrosion on structures and systems. High humidity near the water also promotes mold and wood rot, so waterfront home inspections pay special attention to ventilation, dehumidifiers, and signs of mildew. If the property has a septic system, the inspector will evaluate whether it’s located and designed to avoid saltwater intrusion or high water table issues. For sellers of waterfront homes, it’s smart to have any shoreline stabilization documents or elevation certificates on hand, and ensure things like dock pilings, sea walls, and crawl space ventilation are in good shape. Chesapeake Bay properties are beautiful but require vigilance against the elements.
3. Maryland Laws & Requirements for Home Inspections
Home Inspections Not Mandatory by Law: Maryland does not require a home inspection by statute for a real estate sale. However, if you do get one, the inspector must be licensed by the Maryland Commission of Real Estate Appraisers and Home Inspectors. Licensing ensures the inspector completed at least a 72-hour training course and passed a national exam. They must also follow Maryland’s Standards of Practice, which dictate how the inspection is conducted and reported. In short: you aren’t forced to hire an inspector, but practically every buyer does – and should.
Montgomery County Radon Testing Law: Montgomery County (covering Rockville, Bethesda, Gaithersburg, etc.) is the only Maryland jurisdiction requiring a radon test during home sales. Since October 2016, Montgomery Co. law says single-family homes (detached and townhouses) must be tested for radon before the sale is completed. Sellers can do the test or allow the buyer to do it, but results have to be provided to the buyer before settlement. This was the first law of its kind in the U.S., aimed at protecting buyers in a high-radon area. Outside Montgomery County, there’s no legal requirement, but Maryland sellers statewide are obligated to disclose any known high radon levels (just as they must disclose other latent defects). In practice, many Maryland buyers will include radon testing as part of their inspection contingency anyway.
Well Water Testing Requirement: A new Maryland law effective Oct 1, 2024 will add a statewide requirement related to homes with private wells. Under Real Property §10-713, any contract for sale of a property with a well must require the buyer to have the well water tested for quality, and both buyer & seller must review the results prior to closing. The buyer can waive this in writing, but otherwise, closing cannot occur until both parties sign off that they’ve seen the water test results. The law doesn’t force any specific action based on the results (other than sharing them with the Maryland Department of the Environment), but it ensures everyone is informed. So, if you’re selling a house with a well in Maryland after 2024, expect the buyers to ask for a water test if you haven’t already done one.
Termite Inspection – Lender and Contract Requirements: Maryland has no state law making a termite inspection obligatory for all sales, but many lenders require a Wood-Destroying Insect report. For example, VA loans on Maryland homes will require a termite inspection in most cases (the VA has no statewide exemption in MD). Even with cash deals or conventional loans, buyers often include a termite inspection contingency in the contract. The Maryland Realtors contract form allows the buyer to have a licensed pest control inspector check for insects and damage. If infestation or damage is found, typically the seller is expected to pay for treatment and repairs, or the parties negotiate a solution. Again, it’s not mandated by law – it’s driven by contract and common practice. Sellers should also note: if you know of past termite treatment or damage, you should disclose that history on the property disclosure statement (even if the problem was resolved), to avoid any appearance of hiding it.
Septic System Certifications: Maryland doesn’t force a septic inspection on sales, but certain counties or rural loan programs may have specific rules (e.g. some counties require septic systems to be pumped/inspected within X years as part of use permits). Maryland’s focus is on regulating the inspectors (with MDE-approved training). Importantly, if a septic system is malfunctioning, many types of financing (FHA, VA, USDA) will not allow the loan to close until it’s fixed. There’s no automatic law saying “seller must fix septic,” but practically speaking a seller will likely have to repair or replace a failing system to keep a deal alive (or find a cash buyer willing to take it on). Maryland also has regulations for nitrogen-reducing septic systems in certain Chesapeake Bay watershed areas, but those usually concern new installations or replacements, not point-of-sale.
Seller Disclosure Law (Maryland Real Property §10-702): Maryland requires sellers of most 1-4 unit residential properties to furnish a Disclosure and Disclaimer Statement to the buyer. The seller can choose to make a full disclosure of the property’s condition or to sell “as is” by making a disclaimer – but even with an “as is” disclaimer, the seller must disclose any latent defects that they know about which pose a risk to health or safety. The disclosure form asks about all aspects of the home: roof leaks, basement water, plumbing, electrical, HVAC, pest infestations, structural issues, environmental hazards, etc.. Failing to disclose truthfully can lead to liability for the seller. Also, separate federal law requires a Lead Paint Disclosure for homes built before 1978. Maryland has additional specific disclosures for things like if the property is in a flood zone or has a conservation easement. Bottom line: buyers in Maryland should receive this disclosure/disclaimer statement before signing a contract, and sellers should fill it out honestly. Providing a thorough disclosure can actually protect the seller – buyers will have fewer grounds to claim a surprise later if it was all spelled out up front.
No “Repair Laws” After Inspection: It’s important to note that Maryland law does not mandate any specific repairs after a home inspection. Some buyers ask, “What fixes are required by law?” The answer: none, technically. It’s all about what the contract says and what the buyer and seller agree on. However, certain issues will be required by the lender – for instance, if an appraiser notes a serious safety issue (like missing stair railings or peeling lead paint or an inoperable heating system), the lender might insist it be remedied for the loan. Aside from that, items are negotiable. Many Maryland real estate contracts include a clause that if buyer and seller can’t reach a resolution on inspection issues, either party can void the contract (within the inspection contingency timeframe). So while no Maryland statute forces, say, a seller to fix a leaky roof, practical circumstances (keeping the buyer and the loan in place) strongly encourage addressing significant defects.
4. Post-Inspection Negotiation Strategies
After the inspection report comes in, buyers and sellers enter a negotiation phase to address the findings. Here’s how both sides can navigate this process strategically:
For Buyers: Negotiating Repairs or Credits
Prioritize Major Issues: Review the inspection report with your agent and decide which issues truly matter. In Maryland, buyers are advised to “choose their battles” – focus on significant defects that affect health, safety, or the home’s use. It’s reasonable to ask the seller to address electrical hazards, plumbing leaks, roof deficiencies, HVAC problems, or structural concerns. These are issues the next buyer would likely flag too, so the seller often realizes it’s in their interest to fix them. Skip cosmetic or minor items (peeling wallpaper, nail holes, a loose doorknob, etc.). Overloading the seller with dozens of small repair requests can backfire – it creates bad blood and they may refuse everything. Remember, the inspection report is not a “punch list” the seller must complete. Distinguish between needed repairs and nice-to-haves.
Repair, Credit, or Price Reduction? Decide how you want the issues remedied. Maryland buyers typically have three options: ask the seller to make repairs, ask for a closing credit, or negotiate a price drop. If you want the seller to handle repairs, be specific in your request (e.g. “Repair roof flashing around chimney to resolve active leak, using a licensed roofer”). The seller, if agreeable, will need to get the work done before closing. Alternatively, many buyers prefer a credit (money back at closing) so they can oversee the repairs after purchase – this avoids delays and ensures you can hire contractors of your choice. However, note that large credits might not be allowed by some loan programs, so coordinate with your lender. The third route is a price reduction – effectively the same value to compensate for the defect, but rolled into your loan (if financing). For example, if the inspection finds $5,000 of needed structural repairs, you might offer to proceed if the seller knocks $5,000 off the purchase price. Sellers sometimes prefer this because it doesn’t require them to organize repairs.
Know Your “Walk Away” Rights: If the inspection uncovers a serious problem and the seller won’t budge, the buyer in Maryland can usually walk away and terminate the contract, provided they are still within the inspection contingency period. The standard Maryland Realtors contract gives the buyer the right to cancel and get their deposit back if a resolution isn’t reached on inspections by a certain date. This is your ultimate leverage – but of course, you likely still want the house, just with the major issues resolved. Use the possibility of walking away judiciously in negotiations. (Note: In competitive situations some buyers waive the right to negotiate repairs – they might do an inspection for info but agree not to ask for anything. In that case, your choices are to take it or leave it, essentially.)
Leverage Estimates: If you’re requesting a repair or credit, it helps to have an idea of the cost. Getting a quick quote from a contractor for that electrical panel upgrade or deck repair can support your ask. When you say “This is a $3,000 issue, I’d like a $3,000 credit,” it shows the request is grounded in real numbers. Attaching the relevant inspection page noting the defect is also persuasive.
Be Reasonable and Stick to the Contract Timeline: Present your repair addendum (often called a Property Inspections Notice in MD) within the timeframe in the contract. You typically only get one bite at the apple – you send one list of requests to the seller. Aim for a fair, clear list of the most important fixes. A Maryland buyer who asks for too much risks the seller refusing or even invoking their right to cancel the deal. It’s often said, “Don’t nickel and dime the seller” – get the big stuff and let go of little things, especially if the home was not brand new. This approach often yields a better outcome.
For Sellers: Responding to Inspection Requests
Review and Consult: When the buyer’s repair request arrives, review the inspection report sections they’ve provided. Consult with your real estate agent on which items are truly mandatory (by lender or safety standards) and which are negotiable. For instance, if an inspection finds a code violation in electrical or a serious leak, anticipate the next buyer will flag it too, so it’s pragmatic to fix it now. If the requests are overwhelming or seem unreasonable, remember you do not have to agree to everything – it’s a negotiation.
Stick to the Timeline: In Maryland, sellers generally have 5 days to respond in writing to a buyer’s inspection repair request. You can: agree to all, agree to some, or refuse all. Failing to respond within the timeframe can allow the buyer to withdraw from the contract, so don’t miss the deadline. Even if you need more time to get contractor quotes, have your agent formally respond within 5 days with at least an initial answer or a request to extend the negotiation period.
Choose Your Battles (and Solutions): It’s often in the seller’s best interest to address reasonable requests, especially those involving health and safety. These include things like repairing active leaks, mitigating mold, fixing electrical hazards, replacing broken water heaters, or treating termite infestations. If a buyer is asking for something minor or purely cosmetic (repainting a room, for example), you might politely decline those and focus on the must-fix items. Remember, anything you don’t fix for this buyer will likely come up again with the next buyer unless you sell strictly as-is. That perspective can motivate a fair resolution.
Offer Alternatives: Not keen on making repairs yourself? You can offer a credit or price reduction instead, which many buyers will accept since it gives them control. For instance, rather than hiring a roofer in a rush, you might say “Seller to credit $2,000 toward roof repair at closing.” This avoids the hassle of you doing the work, but compensates the buyer. Just verify with the buyer’s lender if large credits are allowed. Alternatively, if you do agree to repairs, always hire licensed professionals and provide receipts to the buyer. This gives them confidence the work was done right.
Draw the Line if Needed: Sometimes buyers may overreach with inspection demands – asking for an entire home remodel worth of work on an older home. If the list is excessive, a Maryland seller can negotiate down or even refuse. The contract’s negotiation period is a two-way street; you can say, “No, we will not replace all the windows as requested, only the one that’s cracked.” If the cost of requested repairs is too high, the contract may allow you as the seller to decline and cancel the contract as well (though this is rare – usually only if a buyer insists on something very expensive and you cannot reach another agreement). This “nuclear option” is generally last resort, since you’d have to start over with a new buyer and disclose the issues now known.
Maintain Perspective and Goodwill: It’s easy for both sides to get emotional after an inspection – sellers might feel like their home is being unfairly criticized. Try to stay objective. If the buyer’s requests are reasonable and backed by the inspector’s evidence, meeting them halfway will keep the deal on track. Remember, you’ve come this far – both parties ultimately want the sale to go through. Often, framing it as “safety items” vs. “cosmetic items” helps clarify what should be done. Also, consider that a one-time credit to the buyer might save you money compared to multiple handyman visits – and it closes the issue. Aim for a win-win: the buyer feels their concerns are addressed, and you secure the sale without future liability on those issues.
Common Sticking Points & Resolutions
Old Roof or HVAC: These big-ticket items often cause tension. If an inspection says “roof at end of life” or “furnace 25 years old,” a buyer may preemptively ask for replacement – which is huge. Sellers can push back if the item is still functioning (no active leaks, heat working) but might offer a credit toward replacement. Sometimes providing a home warranty for the first year can placate the buyer on older (but working) systems.
Termite Damage: If termite treatment or repairs are needed, buyers usually expect the seller to pay for it (since no one wants an actively munching house). A clearance letter from a pest company that treatment was done and damage repaired will satisfy most lenders and buyers. If damage is extensive, negotiation might involve a structural engineer’s evaluation and a more detailed repair agreement.
Septic or Well Issues: These can be expensive. Often, if a septic fails, sellers and buyers negotiate splitting the cost of a new system or hooking to public sewer if possible. If a well’s water quality is bad, installing filtration or connecting to public water (if available) could be on the table. Because these are critical to basic habitability, they can indeed be deal-breakers if no agreement is reached. Both parties should gather quotes quickly and consider escrow holdbacks or price adjustments to handle these, rather than letting the deal die.
Mold Remediation: Mold is scary to buyers. If mold is found, the buyer may insist on professional remediation and a follow-up air test. The seller should almost always agree to remediate by a certified mold contractor – it’s a safety issue. Providing a clearance report afterward will give the next buyer peace of mind too, should this buyer walk.
Too Many Little Things: Occasionally a buyer presents a giant list of 20+ minor repairs. Sellers may feel overwhelmed. In Maryland practice, the seller can say, “We’ll do A, B, C (the important ones) but not the rest,” or offer a modest credit instead. It helps to remind the buyer (tactfully through agents) that no home is perfect and the goal is to address major defects. Both sides should keep the big picture in mind – the buyer wants the house, the seller wants to sell – and not lose the forest for the trees.
Throughout the post-inspection negotiation, communication is key. Experienced Maryland agents will guide this process so it’s businesslike, not personal. Keep written records of all agreements (usually an addendum to the contract). Once you reach agreement and sign off, the transaction moves forward to the next steps (appraisal, final loan approval) with everyone clear on who will do what before closing.
5. Current Market Trends in Maryland Inspections
Inspection Contingencies Are Making a Comeback: In the frenzied seller’s market of 2020–2021, many Maryland buyers felt pressure to waive home inspections to win bidding wars. Nationwide surveys showed at the peak, up to ~30% of buyers waived inspection contingencies during those years. In Maryland’s hottest areas (like around DC), waiving was indeed described as “extremely common” by some agents. However, as the market has cooled slightly, more buyers are insisting on inspections again. In 2024, roughly 75–80% of buyers are NOT waiving the inspection – only 19–25% still waive it, according to Realtors surveys. The trend has shifted back toward sanity, as buyers realize skipping an inspection can be a costly mistake. In some MD areas, a recent survey even found that inspections and repair requests are “highly requested again among homebuyers”, indicating a return to due diligence.
Informal Inspections When Contingency Waived: Importantly, many Maryland buyers who waive the contingency still arrange an informational inspection. Some agents write in contracts that the buyer reserves the right to inspect for their own knowledge, but won’t ask for repairs – or they make the sale subject to inspection for the sole purpose of right to terminate, not to negotiate. Maryland law also offers some protection: if truly undisclosed latent defects are later discovered, a buyer could potentially seek remedy even if they waived the inspection contingency. Still, waiving any negotiation power is risky. There have been instances of buyers who waived inspections later suing their agents after finding six-figure repair problems. This has prompted discussion in the industry about ensuring buyers at least have the opportunity to inspect. Some states (e.g. a bill in Massachusetts) are considering laws to guarantee a right to a home inspection. In Maryland, there’s no such law yet – but the culture is shifting back to recommending inspections in all cases, even if it’s just for informational purposes.
Market Conditions Impacting Inspections: The Maryland real estate market in 2023–2024 is still competitive in many areas due to low inventory. Some buyers are still forgoing contingencies to stand out. But with higher interest rates and fewer bidding wars than during the pandemic boom, buyers have regained some leverage to include inspection contingencies. Sellers, recognizing this, are increasingly amenable to offers with inspection clauses (or even doing pre-listing inspections as mentioned earlier). Additionally, the slight cooling has resulted in fewer total home sales, meaning home inspectors faced a bit of a slowdown from the heights of 2021 – which ironically makes them more available now for buyers who want a quick inspection slot.
Deal Breakers in Maryland Today: What issues are actually causing deals to fall apart in Maryland currently? According to local Realtors, the “big ticket” defects are the usual culprits – foundation problems, structural instability, extensive mold, active underground oil tank leaks, major well or septic failures, or high-cost termite damage. These can scare off buyers or make financing impossible. For example, if an inspection finds that a house needs a whole new septic drain field (say $20k+ expense) and the seller won’t budge, many buyers will walk away. On the other hand, midsize issues like needing a new roof or HVAC, while expensive, usually lead to renegotiation rather than cancellation, as long as both parties are reasonable. Maryland buyers are becoming more savvy about estimating repair costs and either negotiating a credit or adjusting their offer, rather than outright killing the deal, especially given the limited housing supply. It’s also worth noting that lenders and insurers have a say: if a home has polybutylene pipes that burst or knob-and-tube wiring, for instance, home insurance could be hard to get – this effectively forces those issues to be resolved for the deal to proceed, making them de facto deal-breakers if unresolved.
Buyers More Cautious, Less Willing to Waive: Overall, Maryland buyers today are more cautious than a couple years ago. Horror stories of hidden defects have made the rounds, and no one wants to buy “the money pit.” Even in multiple-offer scenarios, many buyers are choosing other tactics (like offering above asking price or being flexible on closing date) rather than waiving the inspection. This is a positive development for buyer protection. Sellers too are realizing that a failed deal after inspection can be costly (you lose time, you might have to go back on market with a stigma of a fallen-through contract). Therefore, we’re seeing a bit more pragmatism: sellers addressing issues upfront or being more upfront in disclosures, and buyers making offers that include inspection but aren’t nit-picky on small stuff. The balance is coming back.
Trend: Pre-Offer Inspections: In very hot micro-markets (certain DC suburbs in Maryland, for example), one trend to note is pre-offer home inspections. Some buyers, eager to make a clean offer with no contingency, will pay to have an inspector do a walkthrough before they even bid on the house. This way, they feel comfortable waiving the contingency because they at least know what they’re getting into. While not widespread, this does occur in Maryland for attractive listings (often during an open house or a designated time slot, an inspector and buyer will quickly go through). It underscores how crucial inspection knowledge is – buyers will find a way to get it, one way or another.
Legislative Watch: As mentioned, Maryland hasn’t (yet) changed laws around inspection contingencies. However, consumer protection remains strong through required disclosures and licensing of inspectors. The addition of the well water test requirement in 2024 shows Maryland’s commitment to informed transactions. Keep an eye on any local regulations (like Montgomery County’s radon law) as other counties could theoretically adopt similar measures for things like energy audits or sewer line scopes, though none have as of this writing.
In summary, home inspections in Maryland are a vital part of the real estate process for both buyers and sellers. Buyers should never skip their due diligence, and sellers can facilitate smooth sales by being proactive and transparent. With the current market stabilizing, the inspection process is largely returning to a normal, collaborative approach – a win-win for all parties’ peace of mind. Armed with knowledge of Maryland’s common issues, inspection types, and laws, you can confidently navigate your next home purchase or sale. Happy inspecting!