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Maryland Residential Purchase and Sale Agreement

This Residential Purchase and Sale Agreement (this "Agreement") is entered into as of [[Effective Date]] ("Effective Date") by and between [[Seller Full Legal Name(s)]] ("Seller") and [[Buyer Full Legal Name(s)]] ("Buyer"). Seller agrees to sell and Buyer agrees to purchase the Property described below on the terms and conditions set forth in this Agreement., -

ARTICLE I, PARTIES AND PROPERTY

1. Seller

Seller: [[Seller Full Legal Name(s)]], residing at [[Seller Current Address]]. If Seller is married, both spouses must execute this Agreement and the deed unless the Property is Seller's separate property.

2. Buyer

Buyer: [[Buyer Full Legal Name(s)]], whose address for notice purposes is [[Buyer Address]]. Buyer shall take title as: [[Vesting, e.g., tenants by the entirety / joint tenants with right of survivorship / tenants in common / sole ownership]].

3. Property Description

Seller agrees to sell and convey to Buyer the real property commonly known as [[Property Street Address]], [[City]], Maryland [[ZIP Code]], County of [[County]] (the "Property"), more particularly described as:

> Legal Description: [[Full Legal Description from Current Deed or Title Commitment]]

Parcel Identification Number / Tax Account: [[Parcel/Tax ID Number]].

The Property includes all improvements, structures, fixtures, and appurtenances now attached or forming a permanent part of the real property (including built-in appliances, HVAC, water heaters, ceiling fans, window treatments, garage door openers, mailboxes, and landscaping) EXCEPT as excluded in Section 4. Maryland is a deed-of-trust state; title will be conveyed by special warranty deed or as otherwise agreed, subject to standard title objections and permitted exceptions.

4. Personal Property Included and Excluded

Included Personal Property (conveys with purchase price): [[List, e.g., refrigerator, washer, dryer, window treatments, ceiling fans, or "All existing fixtures and appliances unless excluded below"]].

Excluded Personal Property (to be removed by Seller): [[List or "None"]]. Seller shall repair any damage caused by removal., -

ARTICLE II, PURCHASE PRICE AND EARNEST MONEY

5. Purchase Price

The total purchase price for the Property is [[Purchase Price in Words]] Dollars ($[[Purchase Price, Numerals]]) ("Purchase Price"), payable as follows:

ComponentAmount
, , , -, ,
Earnest Money Deposit (Section 6)$[[Earnest Money Amount]]
Additional Deposit (if any)$[[Additional Deposit Amount or "N/A"]]
Cash / New Loan Proceeds at Closing$[[Balance Due at Closing]]
Total Purchase Price$[[Purchase Price, Numerals]]

6. Earnest Money Deposit

Within [[Earnest Money Deadline, e.g., 3 business days]] after the Effective Date (or upon removal of all contingencies if later agreed), Buyer shall deposit $[[Earnest Money Amount]] as earnest money ("Earnest Money") with [[Escrow Holder / Title Company Name]] ("Escrow Holder"), whose address is [[Escrow Holder Address]]. The Earnest Money shall be held in a federally insured escrow account. Failure to timely deliver the Earnest Money is a material default.

Typical earnest money in Maryland is 1%, 5% of purchase price. The exact amount is negotiable.

7. Financing

All Cash. This Agreement is NOT contingent on financing. Buyer shall provide written proof of funds within [[Proof-of-Funds Deadline]] days after the Effective Date.

Financing Contingency. This Agreement IS contingent on Buyer obtaining a mortgage loan commitment with the following terms:

  • Loan Type: [[Conventional / FHA / VA / USDA / Other]]
  • Loan Amount: Not to exceed $[[Loan Amount]] (approx. [[LTV %]] LTV)
  • Maximum Interest Rate: [[Max Interest Rate]]% per annum
  • Maximum Loan Term: [[Loan Term, e.g. 30]] years
  • Loan Commitment Deadline: [[Financing Contingency Removal Date]]

Buyer shall pursue financing diligently. If Buyer cannot obtain a commitment meeting these terms by the deadline through no fault of Buyer, Buyer may terminate and receive refund of Earnest Money upon timely written notice. Failure to give timely notice waives the contingency.

8. Appraisal Contingency

Appraisal Contingency Included. Contingent on the Property appraising at not less than the Purchase Price. Buyer shall order appraisal within [[Appraisal Order Deadline]] days. If appraised value is lower, Buyer may terminate and receive Earnest Money refund, or proceed at Purchase Price, or request price reduction. Seller has [[Seller Response Days]] days to respond. Failure to give timely notice waives this contingency.

Appraisal Contingency Waived. Buyer agrees to close regardless of appraised value., -

ARTICLE III, DUE DILIGENCE, INSPECTIONS, AND DISCLOSURES

9. Inspection and Due-Diligence Period

Buyer shall have [[Inspection Period, e.g., 10 business days]] after the Effective Date ("Inspection Period") to conduct inspections at Buyer's expense (including home, radon, termite/wood-destroying insects, septic/well, environmental, and any other inspections Buyer deems appropriate). Seller shall provide reasonable access.

Buyer may terminate this Agreement for any reason or no reason during the Inspection Period by delivering written notice to Seller, in which case the Earnest Money shall be returned to Buyer.

10. Required Property Disclosure / Disclaimer

Seller shall deliver the Residential Property Disclosure Statement or Disclaimer Statement required by Md. Code Ann., Real Property § 10-702 (MREC form) to Buyer on or before the Effective Date or as otherwise required by the contract. Buyer acknowledges that failure to receive timely disclosure may give rise to rescission rights under § 10-702.

Lead-Based Paint Disclosure (pre-1978): Seller shall also deliver the required federal lead-based paint disclosure and pamphlet if the Property was built before 1978.

11. Title, Survey, and HOA / Condominium Documents

Seller shall convey marketable title by special warranty deed (or as agreed), free and clear of liens and encumbrances except standard permitted exceptions and those approved by Buyer.

  • Buyer may obtain a survey or update at Buyer's option.
  • If the Property is subject to a homeowners or condominium association, Seller shall deliver current HOA/condo docs (declaration, bylaws, budget, assessment statement, resale certificate) within [[HOA Document Deadline, e.g., 5 business days]] after the Effective Date. Buyer shall have [[HOA Review Period]] days after receipt to review and object or terminate.

Transfer and Recordation Taxes: In Maryland, state and local transfer taxes and recordation taxes are customarily split 50/50 between Buyer and Seller unless otherwise negotiated. Each party shall pay their share at closing.

12. Sale of Buyer's Current Home Contingency (if applicable)

Not applicable.
Contingent on sale of Buyer's current home at [[Buyer Current Home Address]]. Buyer shall list the home within [[Listing Deadline]] days, accept an offer meeting specified net proceeds, and close that sale on or before [[Buyer Home Sale Deadline]]. If conditions not met, Buyer may terminate and receive Earnest Money refund., -

ARTICLE IV, CLOSING, POSSESSION, DEFAULT, AND REMEDIES

13. Closing and Possession Date

Closing shall occur on or before [[Closing Date]] at the office of Escrow Holder or as otherwise agreed. Possession shall be delivered at closing (or [[Possession Timing, e.g., "at closing" or "X days after closing"]]) subject to the terms of this Agreement. Time is of the essence.

14. Prorations and Closing Costs

Taxes, HOA fees, rents, and other items shall be prorated as of the Closing Date. Buyer and Seller shall each pay their customary closing costs in Maryland (including their share of transfer/recordation taxes unless otherwise agreed in writing).

15. Default and Remedies

If Buyer defaults, Seller may terminate and retain the Earnest Money as liquidated damages (not a penalty), or pursue other remedies available at law or in equity.

If Seller defaults, Buyer may terminate and receive return of the Earnest Money plus reimbursement of documented out-of-pocket costs (up to a stated cap), or pursue specific performance or other remedies.

Neither party shall be in default until the other has given written notice and the defaulting party has failed to cure within any applicable cure period.

16. Notices

All notices under this Agreement shall be in writing and delivered by hand, certified mail, overnight courier, or electronic means if previously agreed, to the addresses set forth above or to such other address as a party may designate in writing., -

ARTICLE V, GENERAL PROVISIONS

17. Entire Agreement; Amendments

This Agreement, including all exhibits and addenda, constitutes the entire agreement. No modification shall be binding unless in writing signed by both parties.

18. Governing Law and Venue

This Agreement shall be governed by the laws of the State of Maryland. Any action shall be brought in the courts of [[County]], Maryland.

19. Severability; Waiver

If any provision is held unenforceable, the remainder shall continue in full force. The failure of either party to enforce any right shall not constitute a waiver.

20. Assignment

Buyer may not assign this Agreement without Seller's prior written consent.

21. Counterparts; Electronic Signatures

This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

22. Exhibits and Addenda

The following exhibits and addenda are attached and incorporated:

  • Exhibit A: Legal Description (if separate)
  • [[Financing Addendum / Inspection Addendum / HOA Addendum / Lead Paint Disclosure / Other Addenda: [[List]] ]], -

Signatures

Seller(s):

Signature: _______________________________ Date: [[Effective Date]]

Printed Name: [[Seller Full Legal Name(s)]]

Signature: _______________________________ Date: [[Effective Date]]

Printed Name: [[Seller Full Legal Name(s)]]

Buyer(s):

Signature: _______________________________ Date: [[Effective Date]]

Printed Name: [[Buyer Full Legal Name(s)]]

Signature: _______________________________ Date: [[Effective Date]]

Printed Name: [[Buyer Full Legal Name(s)]], -

Statutory References and Notes (Maryland, as of June 2026)

TopicKey Authority
, , -, , , , -
Property disclosureMd. Code Ann., Real Property § 10-702
Transfer / recordation taxesMd. Code Ann., Tax-Property §§ 12-101 et seq., 13-101 et seq.; typical 50/50 split
Deed of trust stateMaryland uses deeds of trust for residential mortgages
Earnest money / escrowCustomary 1, 5%; held by licensed title company or attorney
Lead paint42 U.S.C. § 4852d and Md. Real Property § 10-702 cross-reference
Fair housingFederal Fair Housing Act; Maryland Fair Housing laws

> ⚠️ Template only, not legal advice. This Maryland Residential Purchase and Sale Agreement is a sample form. It does not replace the need for a licensed Maryland real estate attorney to review or customize any contract. Verify all deadlines, tax allocations, disclosure timing, and local practices with current law and professionals before use. User-supplied values appear as `[[Token Name]]`.

*Sources: Md. Code Ann., Real Property §§ 10-702 et seq.; Tax-Property Article; Maryland Real Estate Commission practices; standard Maryland residential contracts (as of June 2026).*

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Residential purchase & sale agreement with contingency timeline and addenda.
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Criteria
  • 01Parties and legal property description, purchase price and earnest-money deposit, financing and appraisal contingencies, inspection/due-diligence period, title and escrow terms, contingencies (sale of buyer's home, HOA docs), closing/possession date, default/remedies, and required disclosures.
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  • Uses standard contingency framework (financing, appraisal, inspection, title) with deadlines
  • references local standard forms (e.g., CAR RPA) and escrow/title customs
  • addresses earnest-money disposition on default
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Common mistakes

Pitfalls
  • ×Open-ended contingencies with no deadlines
  • ×missing earnest-money/default terms
  • ×ignoring required seller disclosures

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