If you’re selling a 1-4 family home in Delaware, you must complete the Delaware Real Estate Commission’s Seller’s Disclosure of Real Property Condition Report, in writing, before you sign a listing agreement. Buyers must get a copy before they make an offer. The current version of the form took effect August 1, 2026.
This guide is general information and shouldn’t be read as legal advice. For your own sale, talk with a Delaware real estate attorney.
Key takeaways
- Delaware’s Buyer Property Protection Act requires sellers of 1-4 family homes and manufactured housing lots to disclose known material defects in writing.
- You complete the report before you sign the listing agreement, and every prospective buyer gets a copy before making an offer.
- If something material changes before settlement, you update the disclosure. A buyer has no cause of action over defects you disclosed on time (§2575).
- Further down, a table lists all 16 sections of the form with what to gather before you answer, and a timeline lays out each deadline from listing to settlement.
What Delaware law requires
The rules sit in Delaware’s Buyer Property Protection Act, 6 Del. C. §§2570-2578. Under §2571, “residential real property” means any interest in a manufactured housing lot, or real property improved by dwelling units for one to four families. That covers most single-family homes, twins, townhomes and small multifamily buildings in New Castle, Kent and Sussex counties.
Section 2572(a) is the core duty. A seller must disclose in writing all material defects known when the property is offered for sale or known before final settlement. That disclosure goes to the buyer, the agent and any subagent.
The law reaches more than a standard sale. Under §2576 it also applies to exchanges, installment land sale contracts, leases with an option to purchase, ground leases of a manufactured housing lot, and vacant land zoned residential and marketed for building a 1-4 family home.
Under §2574, your completed form counts as a good-faith effort. It carries no warranty of any kind from you or your agents, and it doesn’t replace a buyer’s inspections or warranties. Inspection repairs are their own negotiation, which we cover in what fixes are mandatory after a home inspection.
The form itself is 11 pages. You can download the Real Estate Commission’s current Seller’s Disclosure of Real Property Condition Report (PDF), and it’s also posted on the Delaware Real Estate Commission forms page. Building new? The Commission publishes a separate new construction property disclosure form, which under §2578(b) includes a note that automatic fire sprinkler or suppression systems may be available.
The two timing rules, plus the update rule
Before you sign the listing agreement
Section 2572(b) says the written disclosure must be made before the seller signs the listing agreement. So finish the form before your listing appointment. If an agent suggests signing first and filling in the paperwork later, that’s a red flag. Our guide to choosing realtors in Delaware explains why this rule is a good test of any agent you interview.
Before the buyer makes an offer
Under §2573, the agent, subagent or seller gives a copy of the report to every prospective buyer or their agent before the buyer makes an offer. Once the buyer and seller both sign it, the report becomes part of the purchase agreement.
Updates before settlement
The duty keeps going after you list. Section 2572(b) requires you to update the disclosure as needed for material changes before final settlement. If a storm damages the roof after you accept an offer, the buyer hears about it in writing.
What §2575 means for you
Section 2575 explains why early, honest answers protect you. The buyer has no cause of action against you, your agent or a subagent for:
- Material defects you disclosed before the buyer made an offer.
- Defects that developed after the offer and that you disclosed before settlement, as long as you complied with the agreement of sale.
- Defects that occur after settlement.
In plain words, a problem you put on the form at the right time can’t later become a lawsuit under this law. The protection depends on the disclosure, which makes a vague answer a poor trade for a clear one.
The 16 sections, and what to gather before you answer
The current form has 16 sections, with numbered questions running from 1 to 165. You answer most of them Yes or No. Seller and buyer initial every page.
| Section | What it asks (examples) | What to gather before you answer |
|---|---|---|
| I. Occupancy | How you use the home; any lease, purchase option or right of first refusal | Lease or option papers |
| II. Deed restrictions, HOA, condo, co-op | Restrictions and association ties | Deed; HOA or condo documents |
| III. Title/zoning | Liens above the home’s value; assistance programs repaid at sale; forbearance such as CARES Act; zoning or setback violations | Deed and settlement sheet; mortgage payoff estimate; assistance-program papers |
| IV. Additional information | Nearby conditions that may affect the home (noise, odors, threat of condemnation); who pays to repave adjacent streets | HOA or road maintenance documents |
| V. Environmental | Underground tanks; lead hazards; mold testing (provide results); meth | Any test reports |
| VI. Land | Flood zone or wetlands; drainage; flood insurance cost; claims in past 5 years; standing water over 48 hours | Flood insurance declarations; insurance claim history |
| VII. Structural | Additions or structural changes; permits; permits closed | Permits and final inspections |
| VIII. Termites, insects, wildlife | Bat colonies, among others | Treatment or repair invoices |
| IX. Basement and crawl spaces | Conditions below grade | Repair invoices |
| X. Roof | Date the roof surface was last installed | Roof invoice |
| XI. Plumbing | Septic inspected by a Class H inspector in the last 36 months; bedrooms the septic is permitted for | Septic Class H report |
| XII. Heating and AC | Heating and cooling equipment | Repair invoices |
| XIII. Electrical | Solar or wind add-ons; solar company; lease term | Solar lease |
| XIV. Fireplace or stove | When flues and chimneys were last cleaned | Chimney cleaning receipt |
| XV. Major appliances, other items | What’s on the property | Appliance list |
| XVI. Additional information | Explanations for your answers | Notes and extra sheets |
The septic question deserves a closer look if your home is on a septic system. The form asks whether a Class H inspector has inspected the system within the last 36 months, as DNREC regulations require, and asks you to provide the results.
The solar question has notes for the buyer too. A solar lease transfer is subject to approval, and the buyer must register with the Public Service Commission. Have the lease in hand so you can answer the company and term questions cleanly.
U, NA and Section XVI
You don’t have to guess. Write U if you don’t know the answer and NA if the question doesn’t apply. Put explanations in Section XVI in everyday language, and attach extra sheets if you run out of room.
We’d rather see an honest U with a short note than a confident Yes or No you can’t back up. “Roof replaced before we bought in 2019; no invoice” tells a buyer more than a bare answer.
The form’s “Additional Notices to Buyers” also warns that square footage in tax records, the MLS or marketing is approximate, and that permit data in the tax system may be inaccurate. That’s one more reason to pull your own permits and final inspections before answering Section VII.
Radon and the street-repaving question
Radon has its own rules under §2572A. Every purchaser must be told that the property may present potential for radon exposure. If you have radon information from tests or inspections, you must give it to the buyer, and you must tell the buyer about any radon hazards you know of. The Department of Health and Social Services writes the information the selling broker gives the buyer.
The Commission must also provide a radon form that’s used for every transfer. It covers the address, your disclosure of known radon hazards, the buyer’s acknowledgment of receiving radon information and of the option to test, your acknowledgment of your obligations, and signatures and dates. Under §2578(d), the condition report also includes radon test results disclosed under §2572A.
Then there’s question 49. Under §2578(c), every form asks who pays to repair and repave the streets next to the property. The choices are the owner (with estimated fees), DelDOT or the State, or unknown. The form adds a note to buyers that repairing and repaving streets can be very costly. If you’re in a community with private roads, check your HOA documents before you answer.
From listing to settlement
- Complete the report in writing before you sign the listing agreement (§2572(b)).
- List the home. Your disclosure covers material defects you know about when it’s offered for sale (§2572(a)).
- Before any buyer makes an offer, the buyer or their agent gets a copy of the report (§2573).
- When you accept an offer, buyer and seller sign the report, and it becomes part of the purchase agreement (§2573).
- Between the offer and settlement, update the disclosure in writing for any material change (§2572(b)). Defects that develop in this window and are disclosed before settlement can’t support a buyer’s claim, provided you complied with the agreement of sale (§2575).
- At settlement, the deal closes. Defects that occur after settlement aren’t grounds for a buyer’s claim under §2575. For what you’ll pay at the table, see our breakdown of Delaware closing costs.
Who doesn’t have to fill it out
Section 2577 lists nine kinds of transfers that are exempt from the disclosure:
- Transfers under the repealed out-of-state land sales act.
- Court-ordered transfers, such as Chancery Court estate, trust or guardianship sales, a writ of execution, a bankruptcy trustee or receiver, eminent domain, or specific performance.
- A deed in lieu of foreclosure.
- Sheriff’s sales.
- Transfers by a fiduciary while administering a decedent’s estate, a guardianship or a trust.
- One co-owner transferring to another co-owner.
- Transfers to a spouse or to lineal relatives of a transferor.
- Transfers between spouses in a divorce property settlement.
- Transfers to or from a government entity.
Exemptions depend on how title is held and who is transferring. If you’re an heir or a co-owner and you aren’t sure whether one of these fits your sale, ask a Delaware attorney before you skip the form.
Selling in more than one state? Neighboring states use their own forms and rules, covered in our Pennsylvania seller disclosure and New Jersey seller disclosure guides. And if you’re still comparing brokerages, Houwzer lists Delaware homes with full service for a 1% listing fee.
FAQ
Is a seller disclosure required in Delaware?
Yes, for most sales of 1-4 family homes and interests in manufactured housing lots. The Buyer Property Protection Act requires a written disclosure of known material defects on the Real Estate Commission’s form. The nine transfer types in §2577, such as sheriff’s sales and divorce property settlements, are exempt.
When does a buyer get the Delaware seller’s disclosure?
Before they make an offer. Section 2573 requires the agent, subagent or seller to give a copy to every prospective buyer or their agent. Once both sides sign it, the report becomes part of the purchase agreement.
Does an estate executor have to complete a Delaware seller disclosure?
Section 2577 exempts transfers by a fiduciary in the course of administering a decedent’s estate. Court-ordered Chancery Court estate sales are also exempt. If you inherited the home and already hold title, or you aren’t sure which role you’re in, check with a Delaware attorney before relying on the exemption.
What if I don’t know the answer to a question on the form?
Write U for unknown, or NA if the question doesn’t apply. Then use Section XVI to explain in plain language, and attach extra sheets if you need them. The law treats your answers as a good-faith effort, so a candid “unknown” is better than a guess.
Do I have to share radon or mold test results?
For radon, yes. Section 2572A requires you to give the buyer any radon information from tests or inspections you have. For mold, question 56 asks whether the home has ever been tested and asks you to provide the results.
