This article, compiling the requirements for Anne Arundel County, is one in a series of compositions that identify issues that must be addressed in agreements of sale for real estate located within particular jurisdictions in Maryland.

Accepting that real estate is one of the most heavily regulated industries, there are federal, state, and local government requirements of language that must be contained within an agreement for the sale for real property, and in particular in a contract involving residential property. This article compiles only the requirements imposed within Anne Arundel County:

1. Notice pertaining to land use in contract of sale of single family residence. All contracts of sale for residential real property in Anne Arundel County improved by four or fewer single family units, are required by theMaryland Annotated Code, Real Property Article §10-703, to contain the following notice:

“The buyer fully understands that in order to become more fully informed of the current and future land-use plans, facility plans, public works plans, school plans, or other plans affecting the property or area, the buyer should consult the appropriate county agency or county Internet website for information regarding these plans.”

2. Private fee or assessment for water or wastewater facilities. If a developer charges a fee or assessment that purports to cover or defray all or part of the cost of installing or maintaining all or any part of the public water or wastewater facilities installed in a subdivision, Anne Arundel County Code, §1-103, et seq., requires the terms of those charges must be set forth in the contract of sale for the first residential dwelling to be built on each lot and in each successive contract of sale for that dwelling.

The contract of sale must contain a notice to the purchaser in the following form:

“Notice to Purchasers of Real Estate in Anne Arundel County. This property is subject to a fee or assessment which purports to cover or defray the cost of installing or maintaining all or part of the public water or wastewater facilities constructed by the developer of Subdivision. This fee or assessment is (amount) payable annually in (month) to (name and address) (hereinafter called `lienholder’) until (date). There may be a right of prepayment or discount for early payment which may be ascertained by contacting the lienholder. This fee or assessment is a contractual obligation between the lienholder and each owner of this property and is not in any way a fee or assessment by Anne Arundel County.”

The failure of a developer to comply with the provisions of this Code section for any lot or unit in a subdivision render void any obligation to pay the fee or assessment for that lot or unit. And any subsequent seller subject to this section that fails to comply with the notice requirement is liable to the purchaser for the full amount of any open lien or assessment.

3. Mobile Home Park Disclosure. A mobile manufactured home park owner, operator, or landlord must, pursuant toAnne Arundel County Code, §2-106, et seq., fully disclose in writing the fees, charges, assessments, and rules before the assumption of occupancy in the mobile manufactured home park of a mobile manufactured home owner or tenant.

A mobile manufactured home park owner, operator, or landlord may not collect a fee, charge, or assessment that was not fully disclosed.

4. Special Taxing District Disclosure. A contract of sale for real estate located within a County special taxing district, authorized pursuant to Anne Arundel County Code, §4A-102,must include:

“1. reasonable disclosure of any special assessments, special taxes, or other fees or charges for which a buyer will be liable due to the special taxing district; and

2. that the seller’s failure to provide disclosure in the form required by item 1. of this subparagraph shall render the contract of sale voidable at the option of the buyer before the date of settlement”

Beyond the scope of this compilation of Anne Arundel County requirements, be aware there are federal notices on the thickness of insulation in a new house, federal and state lead paint disclosures and warnings, state disclaimers or disclosures with respect to the condition of a property, state forest conservation notices, and a host of other provisions that may be required to be contained within a particular contract of sale for real estate or the parties risk that the contract may be voidable or worse.

Also beyond the matters described in this article, most other local governments within Maryland impose requirements on sellers of real estate, including mandates to incorporate specific language within an agreement of sale. In fact, the article Checklist of Required Real Estate Contract Provisions in Baltimore County, Maryland is among the most popular articles on this firm’s website.

This article simply identifies issues that must be considered by a seller or purchaser of real estate in Anne Arundel County in advance of consulting with an attorney about a final form of contract.