Delaware process · buyer view

The Delaware Home-Buying Process: Your Step-by-Step Checklist

This checklist walks first-time Delaware home buyers through every step from getting pre-approved to picking up the keys.

Reading as buyer. Switch to seller

Phase 1 of 7 · typically 2-6 weeks

Pre-Offer

Get your money lined up, pick a buyer's agent, and learn the rules before you start touring homes.

  1. Get pre-approved for a mortgage

    LenderBefore you start touring homes

    Talk to 2-3 lenders and compare their loan offers. You will need your last two years of tax returns, recent pay stubs, and bank statements. A pre-approval letter shows sellers you are serious and tells you the price range you can actually afford.

    You'll need

    • Tax returns (last 2 years)
    • Pay stubs (last 30 days)
    • Bank statements (last 2 months)
    • Photo ID

    Cost: $0

  2. Sign a written buyer agency agreement before touring

    Your agentBefore you tour your first home

    Since the NAR settlement took effect on August 17, 2024, your agent must have a signed written agreement with you before they can tour any home with you. The agreement spells out what services they will give you and how they get paid. Delaware also requires clear written agency paperwork, so this one document covers both rules.

    You'll need

    • Photo ID

    Cost: $0

  3. Review the Delaware Consumer Information Statement

    Your agentAt your first substantive meeting with an agent

    At your first real meeting with any Delaware agent, they have to give you a Consumer Information Statement. It is a one-pager that explains the different ways an agent can represent you — seller agent, buyer agent, dual agent, or designated agent — and what each one means. Ask questions before you pick how you want to be represented.

    Cost: $0

  4. Budget for the Delaware realty transfer tax

    YouBefore you make an offer

    Delaware has the highest realty transfer tax in the country at 4% of the purchase price. By Delaware custom the buyer and seller each pay 2%, but it is negotiable in the contract. On a $400,000 home that is $8,000 out of pocket for you at closing — plan for it now, on top of your down payment and other closing costs.

    Cost: Typically 2% of purchase price

  5. Make a needs list and pick neighborhoods

    YouBefore you start touring

    Write down what you need (number of bedrooms, commute time, schools) versus what would be nice to have. Then pick 2-3 neighborhoods you want to focus on. This keeps you from getting overwhelmed when listings start coming in.

    Cost: $0

  6. Tour homes with your agent

    Your agentAfter pre-approval and agency agreement

    Walk through homes that match your price range and needs list. Take photos and notes — they all blur together after a few tours. Your agent can pull listings from the MLS and set up showings; under the new rules they cannot show you a home unless your buyer agency agreement is already signed.

    Cost: $0

Phase 2 of 7 · typically 1-7 days

Offer

Pick a home, write your offer on the Delaware standard contract, and put down earnest money.

  1. Read the Seller's Disclosure of Real Property Condition

    Seller's sideBefore you sign the purchase contract

    Delaware law requires the seller to give you a written Seller's Disclosure of Real Property Condition Report before you are bound by a contract. It covers the roof, plumbing, electrical, HVAC, water source, radon, lead-based paint, and any known defects. Read every section carefully and ask follow-up questions before you sign anything.

    You'll need

    • Seller's Disclosure of Real Property Condition Report

    Cost: $0

  2. Write your offer on the Delaware Realtors purchase contract

    Your agentWhen you are ready to make an offer

    Most Delaware deals are written on the Delaware Association of Realtors standard purchase contract. It already has the right contingency periods and disclosure language built in. Your agent fills it out with the price, closing date, and any conditions you want to include.

    You'll need

    • Pre-approval letter

    Cost: $0

  3. Decide which contingencies to keep in your offer

    Your agentWhile writing the offer

    Contingencies are conditions that let you walk away and get your earnest money back. The standard ones in Delaware are home inspection (usually 7-10 business days), mortgage, appraisal, and title. Skipping a contingency makes your offer stronger but riskier — talk through each one with your agent.

    Cost: $0

  4. Submit your earnest money deposit

    Escrow / titleWithin a few days of contract acceptance

    Earnest money is a deposit (often 1-3% of the price) that shows the seller you are committed. Delaware rules say the broker has to put it in a separate trust account by the next banking day, never mixed with the brokerage's own money. The contract names who holds the money — often the listing brokerage or the closing attorney.

    You'll need

    • Wire instructions or certified check

    Cost: 1-3% of purchase price

  5. Negotiate the offer with the seller

    Your agentAfter submitting the offer

    The seller may counter on price, closing date, or what stays with the house. Your agent handles the back-and-forth. Decide ahead of time what your top price is so you do not get carried away in the moment.

    Cost: $0

Phase 3 of 7 · typically 1-2 weeks

Under Contract

You have a ratified deal. Now you open escrow, collect disclosures, and confirm what you are buying into.

  1. Get a copy of the ratified contract

    Your agentDay of contract ratification

    Once both you and the seller have signed and initialed every page, your agent will send you the fully ratified contract. This is the document that controls every deadline from here on — save it and check the dates so you do not miss anything.

    Cost: $0

  2. Open escrow with the closing attorney or title company

    Escrow / titleWithin a few days of ratification

    Delaware is an attorney state, which means a Delaware-licensed attorney must prepare the deed and oversee the deed signing. Send the ratified contract to the closing attorney or title company so they can order the title search, title insurance, and any payoff statements needed for closing.

    You'll need

    • Ratified contract

    Cost: $0

  3. Request the HOA or condo resale certificate (if applicable)

    Seller's sideAs soon as possible after ratification

    If the home is in a condo, planned community, or other association, Delaware's Uniform Common Interest Ownership Act requires the seller to give you a resale certificate before closing. It lists the monthly assessment, any unpaid fees on the unit, the budget, reserves, and any pending special assessments. Read it — the dues become your bill on day one.

    You'll need

    • HOA or condo resale certificate

    Cost: Usually paid by seller; certificate fee varies

  4. Review the lead-based paint disclosure for pre-1978 homes

    Seller's sideBefore you are bound by the contract

    If the home was built before 1978, federal law requires the seller to give you a lead-based paint disclosure, any known reports, and the EPA pamphlet on lead. You also get a 10-day window to test for lead at your own cost unless you waive it in writing. Wilmington, Dover, and older beach towns have a lot of pre-1978 housing, so this comes up often in Delaware.

    You'll need

    • Lead-based paint disclosure
    • EPA Protect Your Family pamphlet

    Cost: $0 for disclosure; testing is optional

  5. Check the home's FEMA flood zone status

    YouWithin the first week after ratification

    Look up the property on the FEMA Flood Map Service Center to see if it is in a Special Flood Hazard Area. Beach communities in Sussex County and parts of Kent County often sit in AE or VE zones, where flood insurance is required and premiums can be thousands per year. Delaware's seller disclosure form also asks about flood history, so cross-check the answers there.

    You'll need

    • Property address
    • Seller's Disclosure (flood section)

    Cost: $0

Phase 4 of 7 · typically 1-2 weeks

Inspection

Hire experts to look the home over inside and out, then use what they find to negotiate repairs or credits.

  1. Hire a licensed home inspector

    InspectorWithin the inspection period in your contract (typically 7-10 business days)

    The Delaware Realtors standard contract usually gives you 7-10 business days from ratification to do your inspections. Get recommendations from your agent, friends, or online reviews — but pick someone independent who has no tie to the deal. The inspector spends 2-4 hours checking the roof, structure, plumbing, electrical, HVAC, and appliances.

    Cost: $400-700 typical

  2. Add a radon test to your inspection

    InspectorDuring the inspection period

    Radon is an invisible, odorless gas that can cause lung cancer. The EPA recommends fixing any home that tests at 4 picocuries per liter or higher. Northern New Castle County has higher average radon readings than the coast, so a test is worth doing anywhere in Delaware. Most home inspectors can run one alongside the main inspection.

    Cost: $100-200 typical

  3. Order a private well water test if the home has a well

    InspectorDuring the inspection period

    If the property is on a private well instead of public water, Delaware's well water testing program requires a potable water test done by a state-certified lab before closing. The test checks for bacteria, nitrates, and other contaminants. Use a lab from the DNREC certified list — your inspector or agent can point you to one.

    Cost: $150-300 typical

  4. Review the inspection report with your agent

    Your agentWithin 1-2 days of receiving the report

    The inspector will send a long report with photos. Focus on the big stuff — roof, foundation, HVAC, electrical, water damage, safety issues. Cosmetic problems are not worth fighting over. Your agent can tell you what is normal for the home's age and what is a red flag.

    You'll need

    • Inspection report

    Cost: $0

  5. Submit a repair request or closing credit

    Your agentBefore the inspection contingency deadline

    Based on the inspection, you can ask the seller to fix items, give you a credit at closing, or lower the price. Pick your top 3-5 items rather than nitpicking. The seller can accept, counter, or refuse — if you cannot agree, your inspection contingency lets you cancel and get your earnest money back if you are still inside the inspection period.

    You'll need

    • Inspection report
    • Repair request form

    Cost: $0

Phase 5 of 7 · typically 2-4 weeks

Loan & Appraisal

Finalize your mortgage, let the bank order an appraisal, and lock in your insurance.

  1. Submit your final loan application

    LenderWithin a few days of contract ratification

    Now that you have a specific home under contract, your lender turns your pre-approval into a real loan application. They will ask for updated pay stubs, bank statements, and the contract. Respond quickly to anything they request — delays here are the most common reason closings get pushed back.

    You'll need

    • Updated pay stubs
    • Updated bank statements
    • Ratified contract

    Cost: $0-500 application fee typical

  2. Let the lender order the appraisal

    LenderWithin 1-2 weeks of ratification

    The lender hires an independent appraiser to confirm the home is worth what you agreed to pay. You usually pay the appraisal fee up front. If it comes back lower than the contract price, the appraisal contingency lets you renegotiate, make up the difference in cash, or walk away.

    Cost: $500-700 typical

  3. Shop for homeowners insurance (plus flood if needed)

    You2-3 weeks before closing

    Get quotes from at least three insurers — your lender needs proof of coverage before closing. If the home is in a FEMA Special Flood Hazard Area, you also need a separate flood policy, which can run a few thousand dollars a year in coastal Sussex County. Make sure the policy is in place to start on your closing date.

    You'll need

    • Property address
    • Inspection report (useful for quotes)

    Cost: $800-2,500/year typical, more in flood zones

  4. Lock your interest rate

    Lender30-60 days before closing

    Once you have a closing date in sight, ask your lender to lock the interest rate. A rate lock guarantees the rate for a set number of days (often 30-60). If rates go up during that window your rate is protected; if rates drop a lot, some lenders let you do a one-time float-down.

    Cost: $0 (sometimes a fee for longer locks)

Phase 6 of 7 · typically 1-2 weeks

Pre-Closing

Line up your Delaware closing attorney, do a final walk-through, and review the closing numbers.

  1. Hire a Delaware closing attorney

    AttorneyWithin the first 1-2 weeks of being under contract

    Delaware law requires a Delaware-licensed attorney to prepare the deed and oversee the deed signing — title companies cannot do this part on their own. Pick a closing attorney early so they have time to do the title search, clear any defects, and prepare your closing package. Your agent can recommend attorneys who do a lot of closings in the area.

    You'll need

    • Ratified contract

    Cost: $800-1,500 typical, bundled with title services

  2. Schedule the final walk-through

    Your agent1-2 days before closing

    Walk through the home within 24-48 hours of closing to make sure it is in the same condition as when you made the offer, any agreed-on repairs are done, and the seller has removed their stuff. Bring the inspection report and any repair receipts. If something is wrong, raise it before you sign — it is much harder to fix after closing.

    You'll need

    • Inspection report
    • Repair receipts from seller

    Cost: $0

  3. Review the Closing Disclosure

    LenderAt least 3 business days before closing

    Your lender must send you the Closing Disclosure (the CD) at least three business days before closing. It lists every dollar you owe — loan amount, interest rate, monthly payment, and all closing costs. Compare it line by line to your earlier Loan Estimate. If anything jumps out, call your lender right away.

    You'll need

    • Loan Estimate (for comparison)

    Cost: $0

  4. Confirm the realty transfer tax split in your contract

    AttorneyWhen you review the Closing Disclosure

    Delaware's 4% realty transfer tax is paid at closing before the deed can be recorded. By default the buyer and seller each pay 2%, but the actual split is whatever the contract says. Check the Closing Disclosure and the settlement statement so you know exactly what your share is — on a $400,000 home, a 2% share is $8,000.

    You'll need

    • Ratified contract
    • Closing Disclosure

    Cost: Typically 2% of purchase price

  5. Wire your closing funds to the closing attorney

    You1-2 days before closing

    You bring the rest of the money to closing by wire transfer — personal checks are rarely accepted for the full amount. Always confirm wire instructions by calling the closing attorney at a phone number you already have on file. Wire fraud in real estate is common and the money is almost never recoverable once it is sent.

    You'll need

    • Verified wire instructions

    Cost: $15-50 wire fee typical

Phase 7 of 7 · typically 1 day

Closing

Sign the deed with the closing attorney, pay your share of the transfer tax, and pick up the keys.

  1. Bring valid photo ID to closing

    YouDay of closing

    Bring a current government-issued photo ID — driver's license or passport. The closing attorney has to verify your identity before you sign the deed and loan documents. If you are married and only one spouse is on the loan, both may still need to sign certain papers, so check ahead.

    You'll need

    • Driver's license or passport

    Cost: $0

  2. Sign the deed prepared by the closing attorney

    AttorneyAt the closing appointment

    The Delaware closing attorney prepares the deed and walks you through every page. You will sign the deed, mortgage note, mortgage, and a stack of other documents. Take your time and ask the attorney to explain anything you do not understand — that is what they are there for.

    You'll need

    • Photo ID
    • Closing Disclosure

    Cost: Included in attorney fee

  3. Pay your share of the Delaware realty transfer tax

    Escrow / titleAt closing

    The closing attorney or title company collects the 4% realty transfer tax at closing and sends it to the state and county before the deed gets recorded. Your share (usually 2% of the price) is already built into the funds you wired. The deed cannot be recorded — and the home is not legally yours — until this tax is paid.

    Cost: Typically 2% of purchase price

  4. Get the keys to your new home

    Seller's sideAt or shortly after closing

    Once the deed is signed and the money has been wired to the seller, the listing side hands over the keys, garage door openers, and any codes. Confirm move-in timing with the seller — sometimes possession is right at closing, sometimes it is the next day if you agreed to a short post-closing occupancy.

    Cost: $0

  5. Confirm the deed is recorded

    AttorneyWithin a few weeks of closing

    After closing, the attorney records the signed deed with the county Recorder of Deeds. You should get a recorded copy back, usually within a few weeks. Save that copy and your title insurance policy somewhere safe — they are your proof of ownership.

    Cost: Recording fee included at closing

Sources

  1. [1] NAR Settlement FAQs — Practice Changes
  2. [2] 24 Del. C. Chapter 29 — Buyer Agency and Written Agreements
  3. [3] 30 Del. C. §5401 — Delaware Realty Transfer Tax
  4. [4] FEMA Flood Map Service Center
  5. [5] 6 Del. C. §2570 — Seller Disclosure (Flood Section)
  6. [6] 25 Del. C. §81 et seq. — Delaware Uniform Common Interest Ownership Act
  7. [7] EPA Lead-Based Paint Disclosure — Real Estate
  8. [8] 6 Del. C. §2570 — Seller Disclosure of Real Property Condition
  9. [9] 7 Del. C. — DNREC Environmental Controls — Well Water Standards
  10. [10] 6 Del. C. §2570 — Seller Disclosure (Water Source Section)
  11. [11] 6 Del. C. §2570 — Seller Disclosure (Radon Section)
  12. [12] EPA Radon — Health Risks and Testing
  13. [13] 24 Del. C. Chapter 19 — Delaware Board of Bar Examiners (Attorney Practice)
  14. [14] 30 Del. C. §5401 — Realty Transfer Tax Remittance
  15. [15] 24 Del. C. §2914 — Consumer Information Statement Requirement
  16. [16] Delaware Real Estate Commission — Consumer Information Statement Form
  17. [17] Delaware Real Estate Commission — Contract Standards
  18. [18] 24 Del. C. Chapter 29 — Trust Account Requirements

Last updated May 15, 2026