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Free Maryland As-Is Bill of Sale

Maryland's lemon law (MD Code, Commercial Law § 14-1501) covers only new vehicles purchased from dealers — private as-is sales receive no lemon law protection. Under Maryland UCC (Md. Code, Com. Law § 2-316), conspicuous as-is language is required to exclude implied warranties. The #1 risk in a Maryland private sale is failing to disclose a rebuilt or salvage title — Maryland Transportation Article § 11-113.2 mandates this disclosure regardless of the as-is nature of the transaction, and concealment exposes the seller to criminal liability.

Maryland Requirements: Maryland sets no fixed day count: apply promptly after delivery; MVA may charge an extra fee if the title paperwork arrives more than 30 days after delivery. 6.5% excise tax.

Seller Information

Buyer Information

As-Is Details

Sale Information

Condition & Warranty

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"As-is" protects you from post-sale warranty claims but does not protect you from fraud allegations if you concealed a known defect. Our private sale checklist shows how to document vehicle condition correctly so your as-is clause is ironclad. Read: Private Car Sale Checklist →

Maryland As-Is Bill of Sale — What You Need to Know

Primary Form
Standard bill of sale
Agency
Maryland MVA
Primary ID Field
VIN
Sales Tax
6.5%
Title Required
Yes
Maryland title must be signed over to the buyer at the time of sale. The buyer must complete the title transfer at a Maryland MVA office. A gift certification is for genuine gifts only — do not use one for an as-is sale.
Inspection
Not required

Sales Tax Details

Maryland imposes a 6.5% excise tax at titling. For a used vehicle under 7 years old bought privately, it is based on the sale price unless that price is $500 or more below book value, in which case book value is used.

Inspection Requirements

Maryland requires a one-time safety inspection before the MVA titles and registers a used vehicle; the certificate is valid for 90 days. Vehicles registered in 13 counties and Baltimore City also need an emissions test (VEIP) every two years.

Maryland As-Is Sale — Step-by-Step Checklist

  1. Write 'AS IS — NO WARRANTIES EXPRESSED OR IMPLIED' in bold uppercase on the bill of sale to satisfy Md. Code, Com. Law § 2-316 conspicuousness requirement.
  2. Disclose rebuilt or salvage title status in writing on the bill of sale — Transportation Article § 11-113.2 requires this disclosure and it is non-negotiable regardless of the as-is clause.
  3. Do NOT use a gift certification for an as-is sale — it is for genuine gifts, and using one for a paid sale misstates the transaction.
  4. Disclose all other known material defects in writing; Maryland common law fraud claims can pierce the as-is clause when the seller had actual knowledge of a hidden problem.
  5. Sign the Maryland certificate of title over to the buyer and complete the odometer disclosure for vehicles of model year 2011 or newer.
  6. Inform the buyer that on a vehicle under 7 years old, an as-is price $500 or more below book value means the 6.5% excise tax is assessed on book value at the MVA.
  7. Retain a signed copy of the bill of sale for your records for at least 3 years.

Common Pitfalls

  • Using a gift certification for an as-is paid sale — it is for genuine gifts only, and using it to avoid excise tax on a real sale misstates the transaction.
  • Not disclosing a rebuilt or salvage title — Transportation Article § 11-113.2 is a mandatory disclosure law that operates independently of the as-is clause; concealment is a criminal offense in Maryland.
  • Assuming the 6.5% excise tax is calculated on the as-is sale price — on a vehicle under 7 years old, a price $500 or more below book value is taxed on book value unless the buyer documents the lower price, which surprises buyers in below-market as-is transactions.
  • Writing 'as is' in lowercase or in the body of the text without visual distinction — Md. Code, Com. Law § 2-316 requires conspicuous language; a buried disclaimer may be held unenforceable.

Pro Tip

Maryland's mandatory rebuilt/salvage title disclosure law (Transportation Article § 11-113.2) is the seller's critical compliance obligation — it exists completely apart from the as-is clause and cannot be disclaimed. Combined with the correct use of a standard bill of sale (not a gift certification), accurate excise tax disclosure, and a conspicuous as-is disclaimer, Maryland private sellers can complete a well-documented transaction.

Maryland As-Is Bill of Sale — FAQs

Does Maryland's lemon law protect the buyer in a private as-is sale?
No. MD Code, Commercial Law § 14-1501 applies exclusively to new vehicles sold by dealers. A private as-is sale has no lemon law coverage in Maryland.
What is the difference between a gift certification and a standard bill of sale?
A gift certification is for a vehicle transferred as a gift, with no consideration exchanged — it is not for as-is sales. An as-is private sale is documented with a bill of sale reflecting the actual purchase price; using a gift certification for a paid transaction misstates the sale.
Does Maryland's Consumer Protection Act apply to private vehicle sellers?
The Maryland Consumer Protection Act (Md. Code, Com. Law § 13-301) applies to merchants, and private individuals selling a personal vehicle are generally exempt. However, common law fraud claims remain available to buyers when a seller knowingly conceals a material defect.
Does Maryland still require an emissions test for a private vehicle sale?
Not for the sale itself, but the buyer needs a Maryland safety inspection certificate (valid 90 days) before the MVA will title a used vehicle. If the vehicle is registered in one of 13 counties or Baltimore City, it also needs an emissions test (VEIP) every two years.
Why might the excise tax be based on book value rather than the sale price?
For a used vehicle less than 7 years old bought from a private seller, Maryland uses the book value whenever the sale price is $500 or more below it. A discounted as-is price can cross that line. The notarized MVA bill of sale that used to let a buyer be taxed on the lower price was repealed effective October 1, 2026.