Delaware guide

Delaware Seller's Disclosure of Real Property Condition Report: Mandatory Residential Obligation

In Delaware, you must give buyers a Seller's Disclosure of Real Property Condition Report before they sign a purchase contract.

Reading as seller.

TL;DR

In Delaware, you must give buyers a Seller's Disclosure of Real Property Condition Report before they sign a purchase contract. The form covers everything from the roof to the plumbing to known defects, and it still applies if you sell as-is. If you skip it or deliver it late, the buyer can cancel the deal and sue you for damages and attorney's fees.

Before you start — 10 things to know

  • Delaware law requires sellers of residential property to complete and deliver the Seller's Disclosure of Real Property Condition Report (6 Del. C. §2570 et seq.).

  • Deliver the form to a prospective buyer before they are bound by a purchase contract — late delivery triggers a buyer right to rescind after receipt.

  • The disclosure covers structural components, the roof, basement and crawlspace, plumbing, electrical, HVAC, water source, and sewage disposal.

  • Environmental conditions like radon, lead-based paint, underground storage tanks, and other hazardous substances are part of the required disclosure.

  • Selling as-is does not remove the duty to disclose — an as-is clause only limits the obligation to repair, not the obligation to tell buyers what you know.

  • Disclose any known defect that affects the home's value or whether it is safe to live in, plus any encumbrances on the property.

  • The listing agent has an independent duty to disclose material facts they observe, such as a visible foundation crack or water intrusion, even if the seller leaves the item off the form.

  • Penalties for non-disclosure include rescission of the sale, compensatory damages, and the buyer's attorney's fees against the seller.

  • An agent who helps a seller delay or conceal disclosure can face Delaware Real Estate Commission discipline under 24 Del. C. §2912.

  • Use the current official form from the Delaware Real Estate Commission so the disclosure matches the statute's required categories.

The timeline — step by step

  1. Before listing the home, get the current Seller's Disclosure of Real Property Condition Report from the Delaware Real Estate Commission or your listing agent.

  2. Walk through the home and write down every known defect, repair history item, and condition buyers should know about.

  3. Complete the disclosure form yourself — answer every section honestly and mark items you truly do not know as unknown.

  4. Sign and date the form, then provide a copy to every prospective buyer before they sign a purchase contract.

  5. If a buyer submits an offer before receiving the form, deliver it immediately so the buyer's rescission window starts and closes as soon as possible.

  6. If a new defect appears between signing and closing — for example, a leak after a storm — update the disclosure and re-deliver it to the buyer.

  7. Keep the signed disclosure and proof of delivery in your records so you can prove timely delivery if the buyer later disputes it.

Common questions

Do I have to complete the Delaware disclosure form if I'm selling the house as-is?
Yes — an as-is sale only limits your duty to repair; you must still complete and deliver the Seller's Disclosure of Real Property Condition Report.
What happens if I deliver the disclosure after the buyer already signed the contract?
The buyer gets a statutory right to rescind the contract for a defined period after they receive the form, which can blow up your closing.
Do I need to disclose something I genuinely don't know about?
No — you only disclose what you actually know. Mark items honestly as unknown if you do not have direct knowledge of the condition.
Can my listing agent just fill out the disclosure form for me?
No — the form is the seller's responsibility. Your agent has a separate duty to disclose material facts they personally observed, but they cannot answer for what you know about the property.
What can the buyer do if I hide a known defect?
Under 6 Del. C. §2570 the buyer can rescind the sale, recover compensatory damages, and collect attorney's fees against the seller.
Do I have to disclose environmental hazards like radon or lead-based paint?
Yes — the Delaware disclosure form specifically covers radon, lead-based paint, underground storage tanks, and other hazardous substances.
What if I find a new problem after I deliver the form but before closing?
Update the disclosure with the new information and re-deliver it to the buyer so you stay compliant with §2570 and avoid a rescission or damages claim.

Sources

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