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.
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Maryland As-Is Bill of Sale — What You Need to Know
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
- 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.
- 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.
- 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.
- 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.
- Sign the Maryland certificate of title over to the buyer and complete the odometer disclosure for vehicles of model year 2011 or newer.
- 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.
- 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.