Delaware Seller's Disclosure of Real Property Condition Report

Under Chapter 25, Title 6 of the Delaware Code, sellers of residential property (1–4 family homes or manufactured housing lots) must give buyers a written disclosure of all known material defects. This disclosure must be provided before a buyer makes an offer and must be updated if any important changes happen before closing. The signed form becomes part of the sales contract.

If a seller fails to provide the required disclosure or knowingly leaves out important defects, the seller could face legal claims for damages or other remedies under Delaware law. Sellers are generally not liable for defects that were properly disclosed before the offer, disclosed in an updated report before closing, or that happen after settlement.

How Can I Get a Copy of the "Delaware Seller's Disclosure of Real Property Condition Report" form?

We will provide you a copy of any Delaware disclosure form for free upon submitting a flat fee MLS listing through our website. We charge a low, one-time flat fee to list your home on the MLS.

Are There Any Exemptions to Providing the Disclosure?

Yes, please review the civil code for the most current list. 

1. Transfers by a fiduciary in the course of the administration of the decedent's estate, guardianship or trust.   Note: For estates, this exemption only applies if the executor or administrator is the seller. If people who inherited the property are the sellers, they must complete the Seller’s Disclosure form.  
2. Transfers pursuant to court order such as transfers ordered by the Court of Chancery in the administration of an estate, trust or guardianship or pursuant to a Writ of Execution, by a trustee in bankruptcy or a receiver, by eminent domain, and transfers resulting from a decree for specific performance. 
3. Transfers to a mortgagee by a mortgagor in default by a deed in lieu of foreclosure. 
4. Transfers by any sheriff's sale for default on an obligation secured by a mortgage, judgment, tax or other lien. Note: If the seller is a lender who acquired the property by a deed in lieu of foreclosure or by sheriff sale, the lender is required to complete the Seller’s Disclosure form where reselling the property. 
5. Transfers from one co-owner to one or more other co-owners. 
6. Transfers made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors. 
7. Transfers between spouses resulting from a property settlement incident to a divorce. Transfers to or from any government entity. 

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