Delaware process · seller view

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

Selling a home in Delaware involves state-specific rules like a mandatory seller disclosure, a 4% realty transfer tax split with the buyer, and a closing handled by a licensed Delaware attorney.

Reading as seller. Switch to buyer

Phase 1 of 7 · typically 2-6 weeks

Pre-Offer (Listing Prep)

Get your home ready to hit the market, hire a listing agent, and complete the paperwork Delaware requires before a buyer ever walks through the door.

  1. Interview and hire a listing agent

    You4-6 weeks before you want to list

    Talk to 2-3 Delaware-licensed agents before choosing one. Ask about their pricing strategy, marketing plan, and how they handle buyer-agent compensation after the 2024 NAR settlement changes. Pick someone you trust to represent you with full fiduciary duties.

    Cost: $0

  2. Sign the Consumer Information Statement and listing agreement

    Your agentAt your first meeting with the agent

    Delaware requires your agent to present the Consumer Information Statement at your first substantive meeting. It explains the agency relationships available to you in Delaware. After you read it, you will sign the listing agreement, which spells out commission, term length, and how buyer-agent compensation will be handled.

    You'll need

    • Photo ID
    • Mortgage payoff info

    Cost: $0

  3. Complete the Delaware Seller's Disclosure of Real Property Condition Report

    YouBefore going on the market

    Delaware law requires you to fill out the Seller's Disclosure of Real Property Condition Report and give it to any buyer before they sign a contract. The form covers structure, roof, plumbing, electrical, HVAC systems, water source, sewage, and environmental conditions like radon and lead-based paint. Answer honestly based on what you actually know.

    You'll need

    • Records of past repairs
    • Any inspection reports you have
    • Permit records for renovations

    Cost: $0

  4. Gather flood, radon, and lead-based paint information

    YouBefore going on the market

    If your home is in a FEMA flood zone (common in Sussex and Kent County coastal areas), gather your flood insurance records to disclose. If the home was built before 1978, federal law requires a separate lead-based paint disclosure and you must give the buyer the EPA pamphlet. If you have radon test results or a mitigation system, document them for the disclosure.

    You'll need

    • Flood insurance policy (if any)
    • Radon test results (if any)
    • Pre-1978 home: EPA lead pamphlet

    Cost: $0-150

  5. Schedule a well water test if you have a private well

    YouBefore listing or within the contract testing window

    If your property uses a private well, Delaware requires a potable water quality test from a state-certified lab covering bacteria, nitrates, and other analytes set by DNREC. Schedule the test early so results are ready when buyers ask. Public-water homes can skip this step.

    You'll need

    • Well location info
    • Past water test results (if any)

    Cost: $150-400 typical

  6. Set your list price and prep the home for showings

    Your agent1-3 weeks before listing

    Your agent will run a comparative market analysis using recent nearby sales to recommend a list price. Then clean, declutter, fix small cosmetic issues, and stage key rooms. Good photos and a sharp first impression drive more showings and stronger offers.

    Cost: $200-3000 varies

Phase 2 of 7 · typically 1-4 weeks

Offer

Review the offers that come in, decide how to handle buyer-agent compensation, and negotiate a deal that works for you.

  1. Review each offer your agent presents

    Your agentAs offers come in

    Your agent must present every written offer to you. Look beyond the headline price — review the down payment, financing type, contingencies, requested closing date, and any concessions the buyer is asking for. The strongest offer is not always the highest one.

    Cost: $0

  2. Decide how to handle buyer-agent compensation

    Your agentWhen reviewing offers

    Since the 2024 NAR settlement, offers of buyer-agent compensation can no longer be published on the MLS. If a buyer's agent wants compensation, it must be negotiated directly into the purchase contract — often as a seller concession. Talk to your agent about whether to offer a concession to attract more buyers.

    Cost: varies

  3. Counter or negotiate offer terms

    Your agentWithin hours or days of receiving an offer

    If an offer is close but not quite right, your agent can send a written counter-offer on price, closing date, contingencies, or included items. Negotiations may go back and forth a few times. Stay flexible on terms that do not cost you much — that often closes the gap on price.

    Cost: $0

  4. Accept the offer and sign the purchase contract

    YouOnce you and the buyer agree

    Most Delaware deals use the Delaware Association of Realtors standard purchase contract. Read every page before you sign — pay close attention to the inspection contingency window (usually 7-10 business days), the financing contingency, included fixtures, and the agreed closing date. Once both sides sign, the contract is ratified.

    You'll need

    • Government-issued ID

    Cost: $0

Phase 3 of 7 · typically 1-2 weeks

Under Contract

Deliver required documents, confirm the buyer's deposit, and line up the people who will move the deal to closing.

  1. Confirm the buyer received the seller disclosure

    Your agentImmediately after contract acceptance

    If you did not deliver the Delaware Seller's Disclosure of Real Property Condition Report before the offer, deliver it now. Under Delaware law, the buyer must receive it before being bound by the contract — late delivery can give the buyer a right to cancel.

    You'll need

    • Signed seller disclosure form

    Cost: $0

  2. Confirm the buyer's earnest money deposit landed

    Your agentWithin a few business days of contract acceptance

    The buyer must deliver earnest money on the timeline written into the contract. In Delaware, the funds go into a real estate brokerage trust account or — more commonly — to the closing attorney's trust account. Your agent will confirm receipt in writing. If the deposit is late, raise it right away.

    You'll need

    • Receipt or wire confirmation

    Cost: $0

  3. Pick your closing attorney

    AttorneyFirst week under contract

    Delaware is an attorney-state — the deed must be prepared by a Delaware-licensed attorney, not just a title company. The buyer typically picks the closing attorney since they pay most title costs, but you should confirm who that attorney is and feel free to hire your own attorney to review documents on your behalf.

    Cost: $500-1500 typical for your-side review

  4. Order the HOA or condo resale certificate (if applicable)

    YouWithin the first week under contract

    If your property is in a condo or planned community governed by the Delaware Uniform Common Interest Ownership Act, you must order a resale certificate from the association and deliver it to the buyer before closing. It includes current assessments, unpaid fees, the association budget, and any pending lawsuits. Associations charge a fee and can take 2-3 weeks.

    You'll need

    • Request form from your HOA or condo association

    Cost: $150-400 typical

Phase 4 of 7 · typically 7-14 days

Inspection

The buyer hires inspectors to examine the property and either asks for repairs, credits, or — in tough cases — walks away.

  1. Make the home accessible for inspection

    YouWithin the contract inspection window (often 7-10 business days from ratification)

    Unlock attic hatches, clear access to the electrical panel, water heater, and HVAC system, and make sure crawlspaces are reachable. Plan to be out of the house for 3-4 hours while inspectors work. The more access they have, the cleaner the report.

    Cost: $0

  2. Review the inspection report and repair request

    Your agentWithin the inspection negotiation period

    After the inspection, the buyer will send a written list of items they want addressed — repairs, credits, or price reductions. Read it carefully with your agent. You do not have to fix everything. Focus on safety items, lender-required fixes, and anything that genuinely affects value or habitability.

    Cost: $0

  3. Negotiate repairs, credits, or price adjustments

    Your agentBefore the inspection contingency deadline

    You have three main options for each requested item: do the repair, give the buyer a closing-cost credit so they can do it, or refuse. A credit is often the cleanest path because the buyer controls the work. Your agent will draft a written response — once both sides sign, the agreement is binding.

    Cost: varies

  4. Complete any repairs you agreed to do

    YouBefore closing, on the deadline you agreed to

    Use licensed contractors for anything electrical, plumbing, structural, or roof-related. Save receipts and any permits — the buyer (and their lender) may ask for proof before closing. If repairs are not done by the agreed deadline, you can be in breach of contract.

    You'll need

    • Contractor invoices
    • Permits (if required)

    Cost: varies

Phase 5 of 7 · typically 2-4 weeks

Loan and Appraisal

The buyer's lender orders an appraisal and finalizes the loan. Your job is to stay accessible and respond fast to any requests.

  1. Make the home ready for the buyer's appraisal

    YouUsually within the first two weeks under contract

    An appraiser hired by the buyer's lender will visit to confirm the home is worth at least the purchase price. Tidy up, make sure all rooms are accessible, and leave a list of recent upgrades or renovations on the kitchen counter for the appraiser to reference.

    You'll need

    • List of upgrades with approximate dates and costs

    Cost: $0

  2. Respond if the appraisal comes in low

    Your agentWithin the contract appraisal contingency window

    If the appraisal is below the agreed price, the buyer's lender will only loan based on the appraised value. You usually have three choices: lower your price to match, meet the buyer in the middle, or hold firm and risk the buyer walking. Your agent can also help you challenge the appraisal with comparable sales data.

    You'll need

    • Recent comparable sales (if disputing)

    Cost: varies

  3. Respond fast to any lender requests

    YouThroughout the financing period

    The buyer's lender may ask for clarifications about the property — well certifications, septic records, condo association financials, or HOA documents. Send anything you have within 24 hours. Slow seller responses are one of the most common reasons closings get delayed.

    You'll need

    • Whatever the lender asks for

    Cost: $0

Phase 6 of 7 · typically 1-2 weeks

Pre-Closing

Final paperwork, walk-throughs, and logistics so closing day goes smoothly.

  1. Review the settlement statement with your closing attorney

    Attorney2-3 days before closing

    A few days before closing, the closing attorney will send you a settlement statement showing every dollar in and out — your sale price, payoff of your mortgage, your share of the 4% Delaware realty transfer tax, attorney fees, prorated property taxes, and the net amount you walk away with. Review each line and ask questions about anything you do not understand.

    You'll need

    • Mortgage payoff statement
    • Photo ID

    Cost: $0

  2. Gather closing documents and keys

    YouWeek of closing

    Collect a government-issued photo ID, your most recent mortgage statement, any warranties for appliances or systems staying with the home, garage door openers, mailbox keys, and pool or alarm codes. You will hand most of this over at or right after closing.

    You'll need

    • Photo ID
    • Mortgage statement
    • Appliance warranties
    • All keys, fobs, openers, and codes

    Cost: $0

  3. Prepare the home for the buyer's final walk-through

    YouThe day before closing

    The buyer will do a final walk-through within 24-48 hours of closing to confirm the home is in the condition they agreed to buy. Make sure you have moved out, completed any agreed repairs, left included fixtures and appliances, and broom-swept the home. A failed walk-through can delay closing.

    Cost: $0

  4. Coordinate utility transfer and your move-out

    You1-2 weeks before closing

    Schedule utility shut-offs or transfers for the day after closing — electric, gas, water, internet, trash. File a forwarding address with USPS. Schedule movers, cleaners, and donations or junk hauling. Doing this 1-2 weeks ahead avoids last-minute panic on closing day.

    You'll need

    • Account numbers for each utility

    Cost: varies

  5. Confirm your FIRPTA status if you are a foreign seller

    AttorneyOnce you know you are selling, at least 2 weeks before closing

    If you are a non-U.S. citizen or foreign entity, federal law (FIRPTA) requires the buyer to withhold 15% of the gross sale price for federal income tax unless an exemption applies. Talk to your closing attorney and a tax advisor early — there are exemptions and IRS withholding certificates that can reduce or eliminate the withholding. U.S. citizens and resident sellers can skip this step.

    You'll need

    • Proof of U.S. residency status or foreign tax documents

    Cost: varies

Phase 7 of 7 · typically 1 day

Closing

Sign the deed, pay your share of taxes and fees, and hand over the keys.

  1. Attend closing at the attorney's office

    AttorneyOn closing day

    In Delaware, the closing attorney runs the settlement. You will sign the deed, transfer documents, and the settlement statement. Bring your photo ID, any keys, garage openers, and remotes. If you cannot attend in person, your attorney can arrange a remote or mail-away closing in advance.

    You'll need

    • Photo ID
    • All keys, fobs, openers, and remotes

    Cost: $0

  2. Sign the deed and transfer documents

    AttorneyAt the closing table

    The closing attorney prepares the deed because deed preparation in Delaware is the practice of law. You will sign in front of a notary. Once recorded by the attorney with the county recorder, ownership officially transfers to the buyer.

    You'll need

    • Photo ID

    Cost: $0

  3. Pay your share of the Delaware realty transfer tax

    Escrow / titleAt closing

    Delaware charges a combined 4% realty transfer tax on the purchase price — 2.5% to the state and 1.5% to the county or municipality. By standard Delaware contract practice the tax is split equally, with buyer and seller each paying 2%, though this is negotiable. The closing attorney collects your share at settlement and remits it before recording the deed.

    Cost: 2% of sale price typical

  4. Receive your sale proceeds and hand over the keys

    AttorneyClosing day

    After the deed is signed and the buyer's lender funds the loan, the closing attorney pays off your mortgage, collects all fees and taxes, and wires your net proceeds to your bank account (usually same day or next business day). Hand over keys, garage openers, and any codes. Congratulations — the sale is complete.

    You'll need

    • Bank account info for wire instructions

    Cost: $0

Sources

  1. [1] NAR Settlement FAQs — MLS Compensation Rules
  2. [2] NAR Settlement FAQs — Practice Changes
  3. [3] 30 Del. C. §5401 — Delaware Realty Transfer Tax
  4. [4] Delaware Real Estate Commission — Closing Cost Guidance
  5. [5] IRS FIRPTA Withholding — Real Property Interests
  6. [6] 6 Del. C. §2570 — Seller Disclosure (Flood Section)
  7. [7] 25 Del. C. §81 et seq. — Delaware Uniform Common Interest Ownership Act
  8. [8] EPA Lead-Based Paint Disclosure — Real Estate
  9. [9] 6 Del. C. §2570 — Seller Disclosure of Real Property Condition
  10. [10] 7 Del. C. — DNREC Environmental Controls — Well Water Standards
  11. [11] 6 Del. C. §2570 — Seller Disclosure (Water Source Section)
  12. [12] 6 Del. C. §2570 — Seller Disclosure (Radon Section)
  13. [13] 24 Del. C. Chapter 29 — Agency and Brokerage Relationships
  14. [14] 6 Del. C. §2570 et seq. — Seller Disclosure of Real Property Condition
  15. [15] 24 Del. C. Chapter 19 — Delaware Board of Bar Examiners (Attorney Practice)
  16. [16] 30 Del. C. §5401 — Realty Transfer Tax Remittance
  17. [17] 24 Del. C. §2914 — Consumer Information Statement Requirement
  18. [18] Delaware Real Estate Commission — Consumer Information Statement Form
  19. [19] Delaware Real Estate Commission — Contract Standards
  20. [20] 24 Del. C. Chapter 29 — Trust Account Requirements

Last updated May 15, 2026