Delaware Seller's Disclosure of Real Property Condition Report – New Construction Only

The Delaware Seller’s Disclosure of Real Property Condition Report for new construction is required under Title 6, Chapter 25 of the Delaware Code and is used to disclose any known material defects or important details about a newly built home, including HOA obligations, zoning, environmental conditions, utilities, and construction features. It may also involve additional requirements under Title 25, Chapter 81 (§81-401 and §81-403(b)) for common interest communities and §317A for disclosing financial obligations tied to the property. The disclosure is considered a good faith effort by the seller and becomes part of the agreement of sale once signed, but it is not a warranty and does not replace inspections.

This disclosure must be provided to all prospective buyers before they make an offer and must be updated if any material changes occur prior to closing. While the form does not list specific penalties, failure to provide it as required can expose the seller to legal liability, including potential contract cancellation or claims by the buyer. However, if defects are properly disclosed before the offer or updated before settlement, the buyer generally cannot bring a claim for those issues.

How Can I Get a Copy of the "Delaware Seller's Disclosure of Real Property Condition Report – New Construction Only" 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.

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