Beltsville, MD asked in Real Estate Law for Maryland

Q: Is it the seller who is required to replace smoke detectors before selling the home?

MD Code Section 9.103(d) refers to new construction.

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2 Lawyer Answers
Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Crownsville, MD
  • Licensed in Maryland

A: A Seller of an existing home ordinarily can sell the house entirely "as-is" thought they must provide either a disclosure or disclaimer listing known hidden defects (unless exempt from the disclosure/disclaimer rules).

Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Maryland

A: It is a good idea to replace the batteries every time we change the clocks (twice a year), but I have never heard of a requirement to put a perfectly useable smoke detector in the trash upon sale of property. The smoke detectors must be functional, except in an "as is" sale, and I'm told the sensing mechanism eventually wears out.

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