New NPL Superfund Site Disclosure Addendum: What Maryland Homebuyers and Sellers Need to Know

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Article Written By: Beau Pichon, Esq.

Through the passing of House Bill 486 during the 2024 legislative session, Maryland has adopted a new regulation that affects real estate transactions involving properties located near National Priorities List (NPL) Superfund sites. The new law requires sellers to disclose whether a property they are selling is within one mile of an NPL Superfund site and gives buyers an important right to terminate the sale.

Under the new law, which became effective October 1, 2024, sellers must include an NPL Superfund Site Disclosure Addendum with the contract if the property falls within the designated radius. This disclosure informs the buyer of any nearby NPL Superfund sites. The NPL Superfund list identifies locations requiring long-term cleanup due to contamination by hazardous waste, which may pose health risks to nearby communities.

For buyers, the new law offers a key protection: they have the right to terminate the contract within five days of receiving the NPL Superfund Site Disclosure Addendum. This five-day window allows buyers to make informed decisions based on the potential environmental risks associated with the property’s proximity to an NPL Superfund site.

How Can Sellers Ensure Compliance?

To comply with the new disclosure requirement, sellers should check whether their property is within one mile of an NPL Superfund site by visiting the EPA’s website.

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