Delaware Radon Disclosure

Under Delaware Code § 2572A, sellers of residential property must inform buyers that the home may have radon exposure risks, unless an exemption applies. Sellers are also required to share any known hazards or radon test results, if available. In addition, the Delaware Department of Health and Social Services provides written information that explains radon risks, testing, and mitigation, which must be given to the buyer.

The Delaware Real Estate Commission requires a signed disclosure form for every transaction to confirm that these steps were completed. This form includes the property address, any known radon issues, and acknowledgments from both buyer and seller that the information was provided and received, and that the buyer has the option to test for radon. 

Sellers must also provide buyers with the state-approved radon information sheet, “Radon: Rights, Risks, and Remedy for the Home Buyer".

How Can I Get a Copy of the "Delaware Radon Disclosure" 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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