Affordable. Flat fee. Attorney Prepared
Maryland Real Estate Contracts
& Buyer/Seller Representation
prepared by Arden Law Firm’s experienced & licensed attorney(s). Our lawyers are licensed in Maryland only.
Real Estate Contracts by Arden Law
Arden Law Firm, LLC assists with preparing and/or reviewing real estate Contracts of Sale for property located in Maryland:
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Single Family Homes (For sale by Owner or “FSBO”)
Townhomes and Condos (For sale by Owner or “FSBO”)
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Lots / Raw Land
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Commercial Properties (limited areas)
Did you know?
Licensed real estate brokers have access to form contracts for real estate prepared by attorneys working for the local real estate association (for example, MAR forms for members of the Maryland Association of Realtors). Under association rules, using these attorney prepared contract forms generally require a dues paying member of the association to be a part of the transaction. Parties working without agents (for example, for sale by owner or family sales) often benefit from engaging their own attorney to prepare a legally binding sales contract with necessary dislosures and addendum.
Standard Representation
for Purchase or Sale
Our law firm assists buyers or sellers with full legal representation in residential sales of Maryland properties.
Our assistance includes skilled gudiance through each part of the transaction, from an Attorney prepared contract, necessary addendum and disclosures, estimating transfer & recordation taxes, to working with the title company, negotiating any term changes, appraisals and/or inspections, holidng Earnest Money Deposits (where requested), reviewing final Deeds and Settlement Sheets and representing through final Closing / Settlement.
Our Flat Fee: 1% of Sales Price
Limited Representation
(contract ONLY)
For parties very familiar with real estate transactions in MD or others only seeking limited representation we offer stand-alone attorney prepared contracts of sale.
A: Under Maryland law, contracts for the sale of real property (house or land) must be in writing and signed. Oral contracts to buy or sell real estate are not valid. Of course, putting the terms in writing is just the start. Maryland has many different legal requirements for contracts and required terms that vary with the age of the house, who is selling, where the land is located, etc.
A: Generally, it is up to the parties to decide how to allocate transfer and recordation taxes. Seller could pay all, Buyer could pay all, or the parties could split. The default mode is to split 50/50 but parties may negotiate any other term, and this is often adjusted in an extreme buyer or seller market, for example. The only time Maryland law mandates a particular allocation is in the context of a first time home buyer - in that case, 1 of the 3 transfer / recordation taxes is reduced in half and the Seller must pay that half. Transfer and recordation taxes can be signi
- usually several thousand. When Arden Law prepares a real estate contract we’ll be happy to give a quick estimate of the likely transfer and recordation taxes.
A: While the parties can allocate settlement or closing costs as they agree, in most cases the buyer pays the settlement fee in Maryland and the seller pays only the cost of deed preparation and clearing any seller liens. Who pays settlement fees should be clearly spelled out in your contract.
A: There are three (3) different taxes that apply to most sales or deed transfers in this state - 1) a state transfer tax, 2) a county transfer tax and 3) a recordation tax. The state transfer tax is 1/2 of 1% while the other taxes vary by county. But other taxes may apply — for example, there may be capital gains tax. If the seller is not a Maryland resident, they may need to remit a portion of the sales price (8% or more) at the time of the sale (withholding tax).
A: A sales contract is a legally binding document and unless there are built-in contingencies, you may not be able to “back out” of the deal. You are strongly encouraged to review contracts with your attorney BEFORE signing. A contract may give the other party the right to seek “specific performance” or basically force the deal. In some cases, parties can negotiate termination of a contract, often in exchange for some sum of money. If there are contingencies (say financing contingency or an inspection contingency) the buyer may be able to terminate the contract with appropriate notice. However, note that standard MAR contracts may not automatically release the deposit and instead may require both parties to agree to return a deposit.
Filing out a request does NOT make us your Attorney or promise representation. Instead it starts the conversation. We do not become your attorney or start any work on a purchase/sale unless we have a signed Representation Agreement in place.
What are Maryland Sales Commissions and Who Pays Them?
Maryland law does not set any sales or broker commissions for buying or selling a house.
Historically, most brokers in Maryland have belonged to realtor association(s) and historically, the broker fees (or commissions) have typically totaled around 5-6% of the sales price, split (usually) between the buyer’s agent and seller’s agent. In Maryland, the broker fees have traditionally been paid by the Seller, whose agent (realtor) would list a commission “split” in the MLS.
This structure was challenged in a lawsuit (or series of lawsuits) that resulted in a March 2024 settlement involving the National Association of Realtors. As a result, some industry practices have changed. As of writing, the real estate industry is still adapting to these changes. Now, Sellers shuld expect to negotiate a brokerage commission with their chosen listing agent / broker. Buyers should expect to talk through what commission they will pay their agent(s) and what portion (if any) they will ask a Seller to pay in their offer to purchase.
A Seller has the option to:
A) hire a listing agent (broker) and pay the broker a negotiated fee
B) pay both the listing agent (broker) and the buyer agent negotiated fees or
C) sell without broker / real estate agents.
Basically the home seller (or buyer) can choose what commission they are willing to pay.
In decades past, real estate brokers held exclusive information on properties for sale that was not readily available to the general public. With the internet, most people can readily find information on active listings themselves but buyers and sellers still hire brokers. In some cases this is because a broker is highly knowledgable about specialized areas or specific types of properties. For example, someone selling or buying in an oceanside resort town may seek out a real estate broker with extensive experience in that particular town who has a ready sense for the different pricing between oceanfront, oceanside, bayside, etc.as well as familarity with the different communities and their restrictions / amenities. Brokers may also have specialized experience marketing different types of properties - for example, a broker may focus on the unique features of agricultural property.
Some Sellers choose to work without agents to save the typical realtor commission. While this can put thousands more into the Seller’s pocket (and/or reduce the sales price, passing savings onto the Buyer), real estate transactions in Maryland involve a host of varied requirements and laws. While the law does not mandate professional assistance, missing a critical disclosure or legal requirement can have legal ramifications and unwittingly open up a party to liability. In such situations, it may be helpful to seek legal advice / guidance. An experienced real estate attorney from Arden Law can offer guidance and peace of mind for those selling without agents / brokers.
Full Sale/Purchase Representation
- Attorney Sales Assistance
For parties selling without agents, our experienced real estate attorney can offer guidance and peace of mind for the full sales transaction, from offer negotiations, contract drafting, ordering surveys and inspections and dealing with the varied players (title company, appraisers, inspectors) through sitting down at the settlement table. Full scope representation by Arden Law is typically only 1% of Sales Price. (does not incude any third party fees). Restrictions may apply, complex or commercial transactions do not always qualify for percentage-based fee.
Ask our Attorney for details.
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Review or drafting of Contract
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Term Negotiation
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Estimating Transfer / Recordation Taxes
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Coordinating appraisals, inspections and walk-throughs
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Review of Lender’s Good Faith Estimate
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Pre-Settlement review of Loan Documents, Deed, Settlement Sheet (and any associated revisions)
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Representation at Settlement
FULL BUYER or SELLER
REPRESENTATION for RESIDENTIAL PURCHASE/SALE
(FLAT 1% of Sales Price)
Working without a Realtor?
We provide Full Legal Representation for Residential Purchases in Maryland for a low 1% of the Sales
Our comprehensive representation includes:
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Customized Contract of Sale (attorney-prepared)
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Necessary Maryland Disclosures and County-Specific Addendum
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Coordinating and working through inspections / appraisals
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Review of existing deed & estimating transfer taxes
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Coordination with Buyer’s selected title company
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Holding Earnest Money Deposit (where requested)
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Reviewing Settlement Package
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Attorney Representation at Settlement / Closing
For sale/purchase of SINGLE FAMILY residence in most Maryland counties. Does not include title services. Minimum $1,250.00
This website is not a promise to represent - Arden Law does not become your attorney unless we talk and both agree.
Maryland Residential
Real Estate Contracts
(STAND ALONE Contracts of Sale)
Our attorney prepared standard sales contract for an existing single family home includes all of the following
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consultation with managing real estate attorney
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Retrieving most recent deed from Land Records
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Attorney-Prepared Contract of Sale
Mandatory State County-Specific Addendum
Relevant Addendum based on situation (e.g., HOA, 1st Time Homebuyer, Lead Paint, etc.)
Maryland Sales Contracts prepared for the following counties:
Anne Arundel Co.
Baltimore City
Baltimore County
Calvert County
Harford County
Howard County
Prince George's
Montgomery County
Looking for a real estate contract to buy or sell your home or investment property?
Arden Law can prepare a Maryland contract of sale tailored to your specific transaction to comply with all state, county and local legal requirements for a reasonable flat fee. If you choose to sell by owner, you don’t need to risk cobbling together a form contract from unknown sources that might not protect you. Our pricing includes all necessary affidavits, disclosures and addendum.
Call us weekdays
Monday - Thursday: 9am - 5pm EST
Friday: 9am - 1pm EST
Why Choose Arden Law to prepare your Maryland Sales Contract?
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Every contract includes a consultation with an experienced Maryland real estate attorney.
Tailored to comply with each county’s local requirements.
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Peace of mind for clients selling property without agents (FSBO) that their contract covers mandatory terms and required legal disclosures.
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Up to 1 customized Addendum where requested free of charge
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1 additional client requested revision free of charge
Call us weekdays
Monday - Thursday: 9am - 5pm EST
Friday: 9am - 1pm EST
No Cost (free) Preliminary Phone Call of 5-10 minutes
Legal Document Review
Have an experienced attorney review your Settlement papers
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Review of Settlement Sheet & Deed
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Review of Contract / Purchase Agreement
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Review of Loan Documents
Full Sale/Purchase Representation
For parties selling without agents, our experienced real estate attorney can offer guidance for the full sales transaction, from offer negotiations, contract drafting and dealing with the varied players (title company, appraisers, inspectors) through sitting down at the settlement table.
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Review or drafting of Contract
-
Term Negotiation
-
Estimating Transfer / Recordation Taxes
-
Coordinating appraisals, inspections and walk-throughs
-
Review of Lender’s Good Faith Estimate
-
Pre-Settlement review of Loan Documents, Deed, Settlement Sheet (and any associated revisions)
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Representation at Settlement
Maryland Real Estate Contracts
We offer custom Maryland real estate contracts and forms designed to meet all necessary legal requirements. Our contracts are tailored to comply with each local county’s requirements. Contracts include a one-on-one conversation with our managing attorney.
More Info
Talk with an Arden Law attorney about your real estate contract needs.
Free Preliminary Consultation
(phone or email exchange)
$0 - Free
No Cost 5-10 Min Phone Call
or email exchange with Attorney.
In-Depth (Paid) Consultation
with Managing Attorney
$300
Private consultation (1 - 1.5 hours) with experienced Managing Attorney. In Person, Virtual or Over the Phone.
Schedule
Call us weekdays
Monday - Thursday: 9am - 5pm EST
Friday: 9am - 1pm EST
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