Key Takeaways
- Delaware requires sellers of residential property to complete a Seller Disclosure Form
- The disclosure covers structural, mechanical, environmental, and legal issues with the property
- Sellers must disclose known defects - they are not required to investigate unknown issues
- Buyers have the right to review disclosure and may rescind within specified period
- Certain transfers are exempt from disclosure requirements (foreclosures, estates, etc.)
Last updated: January 2026
Delaware Seller Disclosure Requirements
Delaware requires sellers of residential property to provide a disclosure statement to buyers.
Overview
The Seller Disclosure Form is:
- A multi-page document with specific questions
- Required for residential property sales
- A disclosure of known conditions
- Not a warranty or guarantee
Important: Sellers disclose what they know. They are not required to investigate or hire professionals to discover unknown defects.
When Disclosure is Required
The Seller Disclosure is required for:
- Residential property sales
- Properties with dwelling units
- Most residential transfers
Exemptions
Disclosure is NOT required for:
| Exempt Transfer | Reason |
|---|---|
| Foreclosure sales | Lender doesn't have knowledge |
| Estate/probate sales | Personal representative may not know |
| Court-ordered sales | Judicial supervision |
| First sale of new construction | Covered by builder warranties |
| Transfers between spouses/family | Related party transfers |
| Sheriff's sales | Judicial sales |
| Government transfers | Public agency sales |
Delivery Requirements
| Timing | Requirement |
|---|---|
| When | Before signing agreement or within specified period |
| Format | Written disclosure form |
| Buyer right | May rescind within specified period of receipt |
| Updates | Required if conditions change |
Disclosure Categories
The Delaware Seller Disclosure covers:
1. Property Information
| Topic | Examples |
|---|---|
| Age of property | Year built |
| Ownership history | How long owned |
| Occupancy | Currently occupied |
| Prior uses | Commercial, agricultural |
2. Structural Components
| System | Disclosures |
|---|---|
| Roof | Age, leaks, repairs |
| Foundation | Cracks, settling, water intrusion |
| Walls | Damage, repairs |
| Basement/Crawlspace | Water problems, dampness |
| Floors/Ceilings | Condition, repairs |
3. Systems and Equipment
| Category | Items |
|---|---|
| HVAC | Type, age, condition |
| Plumbing | Issues, type of pipes, well/public water |
| Electrical | Panel capacity, issues |
| Appliances | What's included, condition |
| Water heater | Type, age |
4. Environmental Issues
| Issue | Required Disclosure |
|---|---|
| Lead-based paint | Required for pre-1978 homes (federal) |
| Radon | Known testing results |
| Mold | Known presence |
| Asbestos | Known presence |
| Underground storage tanks | Known tanks |
| Flooding | History of flooding |
5. Legal and Neighborhood
| Topic | Examples |
|---|---|
| HOA/Condo | Fees, rules, assessments |
| Zoning | Current zoning |
| Easements | Known easements |
| Boundary issues | Disputes, encroachments |
| Liens | Outstanding liens |
| Pending assessments | Special assessments |
Buyer's Rights
Right to Receive Disclosure
Buyers have the right to receive the disclosure:
- Before signing the agreement of sale, OR
- Within specified period of signing (if not provided earlier)
Right to Rescind
If disclosure is provided after signing:
- Buyer has specified period to review
- Buyer may rescind within that period
- Rescission must be in writing
- Deposits returned if buyer rescinds
Right to Rely on Disclosure
Buyers may rely on seller's statements but should:
- Conduct their own inspections
- Verify important information
- Ask questions about unclear items
Seller's Responsibilities
Accurate Completion
Sellers must:
- Answer all questions honestly
- Disclose known defects
- Update if conditions change
- Sign and date the disclosure
What Sellers Must Disclose
- Known defects
- Material facts about the property
- Information that could affect value or desirability
- Issues discovered during ownership
What Sellers Don't Have to Disclose
Delaware law does NOT require disclosure of:
- Deaths on the property
- Prior resident's HIV/AIDS status
- Psychological stigmas
Legal Consequences of Non-Disclosure
Seller Liability
Sellers may face:
- Fraud claims
- Rescission of contract
- Damages for repair costs
- Legal fees and costs
Importance of Accuracy
Non-disclosure and misrepresentation are leading causes of real estate lawsuits. Accurate disclosure protects both seller and buyer.
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Test Your Knowledge
Which of the following is exempt from Delaware seller disclosure requirements?
A
B
C
D
Test Your Knowledge
What must a Delaware seller disclose about property condition?
A
B
C
D