What do you have to disclose when selling a house in Delaware?
Under Delaware's Buyer Property Protection Act (6 Del. C. §§ 2570–2578), you must disclose in writing every material defect you know about, using the Delaware Real Estate Commission's Seller's Disclosure of Real Property Condition Report. You complete it before you sign the listing agreement, buyers must receive it before they make an offer, and you must update it if anything material changes before settlement. Radon information is required too. Homes built before 1978 also need the federal lead-based paint disclosure.
By David Sordelet | October 23, 2026
The Seller's Disclosure is the form most sellers rush through at the kitchen table, and it's the one that can come back to bite them a year after settlement.
I've watched sellers agonize over whether to mention an old roof leak, a basement that got wet once in 2018, or a septic repair from a decade ago. The short answer is almost always the same: if you know about it and it matters, disclose it. The disclosure protects you far more than it hurts you.
Here's what Delaware law actually requires, what goes on the form, and the mistakes I see most often.
What Delaware law requires
Delaware's seller disclosure rules live in the Buyer Property Protection Act, Title 6, Chapter 25, Subchapter VII of the Delaware Code. The key requirements are:
Disclose all known material defects, in writing. Section 2572 requires a seller of residential property to disclose every material defect known at the time the property is offered for sale, or that becomes known before final settlement.
Use the official form. Section 2573 requires the Real Estate Commission's Seller's Disclosure of Real Property Condition Report. The Commission updated the form in September 2024, so make sure you're not using an old copy.
Do it before you list. The written disclosure must be made before you sign the listing agreement, and buyers must get a copy before they make an offer.
Keep it current. If something material changes before settlement, like a new roof leak or a failed septic inspection, you must update the disclosure.
Disclose radon information. Section 2572A requires sellers to provide any radon test results they have and to disclose any known radon hazard.
The law covers homes with one to four units, manufactured home lots, and residential vacant land marketed for one- to four-family construction. It applies to sales, exchanges, lease-purchase agreements, and installment land contracts.
What counts as a "material defect"?
The statute doesn't give a dollar threshold, and that's where sellers get nervous. Think of it this way: would a reasonable buyer want to know this before deciding what to pay, or whether to buy at all? If yes, it goes on the form.
Common examples include roof leaks, past or present water in the basement, foundation cracks, known plumbing, electrical, or HVAC problems, septic or well issues, pest damage, past flooding, environmental hazards, and work done without permits.
What's on the Delaware Seller's Disclosure form
The Commission's form walks you through the house system by system. Expect questions on:
Occupancy and ownership: how long you've owned the home and whether you've lived in it
Structure: roof age and leaks, basement or crawlspace water, foundation and structural issues
Systems: plumbing, heating, cooling, electrical, and water heater
Water and sewage: public water or private well, public sewer or septic, and any related problems or testing
Environmental: radon, lead paint, asbestos, mold, underground storage tanks, and flood zone or flooding history
Legal and community: HOA dues and rules, easements, boundary disputes, pending assessments, and code violations
Road responsibility: every Delaware form must state who is responsible for repairing the adjacent street
If your home is on septic, the Class H inspection report belongs with this disclosure. I covered how that works in septic and well testing when you sell in Delaware.
The federal lead-paint disclosure
If your home was built before 1978, federal law adds a separate lead-based paint disclosure. You give the buyer the EPA pamphlet, disclose any lead paint you know about, and share any reports you have. The buyer also gets a 10-day window to test, unless they waive it in writing.
Who is exempt from Delaware's disclosure requirement?
Section 2577 exempts certain transfers, including:
Transfers ordered by a court, and sheriff's sales
Deeds in lieu of foreclosure
Transfers by a fiduciary administering an estate, trust, or guardianship
Transfers between co-owners, to a spouse, or to lineal relatives
Transfers under a divorce property settlement
Transfers to or from a government entity
That estate exemption matters if you're selling a parent's home. An executor who never lived there usually can't speak to its history anyway. I walk through that process in how to sell an inherited house in Delaware. Even exempt sellers should share what they do know, because exemption from the form isn't permission to hide a known problem.
Why full disclosure protects you
Here's the part most sellers don't realize. Under Section 2575, a buyer has no cause of action against you for a material defect you disclosed before they made their offer. The same goes for defects that came up after the offer but were disclosed before settlement, as long as you complied with the agreement of sale.
In other words, the defect you write down is the one you can't be sued over. The one you leave off is the one that can follow you after settlement.
A few more things worth knowing:
It's not a warranty. Section 2574 says the report is a good-faith disclosure, not a warranty of any kind, and it doesn't replace the buyer's own inspections.
"As-is" doesn't erase it. Selling as-is means you won't make repairs. It doesn't mean you can skip telling buyers what you know.
"I don't know" has to be true. It's fine to answer "unknown" when you don't know. It's not fine to use it to avoid a question you can answer.
Disclosure can actually help your price. Buyers who learn about a problem up front price it in calmly. Buyers who find it during inspection get spooked and renegotiate hard.
Common disclosure mistakes I see
Forgetting fixed problems. If you repaired a leak, disclose the leak and the repair, with receipts. A fixed problem with paperwork reads as responsible ownership.
Leaving out pre-listing inspection findings. Once you know about a problem, it's a known defect.
Not updating the form. A storm, a failed inspection, or a new crack after listing all trigger an update.
Filling it out from memory, in a hurry. Pull your records first: permits, warranties, service invoices, and past inspection reports.
Once you're under contract, an honest disclosure also makes the path to settlement smoother, because there are fewer surprises for the buyer's inspector to find.
Frequently Asked Questions
Is a seller's disclosure required in Delaware?
Yes. Delaware's Buyer Property Protection Act requires sellers of one- to four-unit residential property to disclose all known material defects in writing on the Real Estate Commission's Seller's Disclosure of Real Property Condition Report, unless the sale falls under a specific exemption.
When do I have to give the buyer the Seller's Disclosure in Delaware?
You complete the disclosure before you sign the listing agreement, and buyers must receive a copy before they make an offer. You must update it if anything material changes before settlement.
Can I sell my house as-is in Delaware without disclosing problems?
No. Selling as-is means you won't make repairs, but you still have to disclose the material defects you know about unless your sale is exempt. Disclosing them also protects you, because buyers have no claim for defects you disclosed before their offer.
Do executors have to fill out a seller's disclosure in Delaware?
Transfers by a fiduciary administering an estate, trust, or guardianship are exempt under Section 2577. Executors should still share any known problems, and buyers typically rely on inspections in estate sales.
Do I have to disclose radon when selling a house in Delaware?
Yes. Delaware law requires sellers to provide any radon test results they have and to disclose known radon hazards, and buyers must be notified of possible radon exposure.
The bottom line: in Delaware, disclosure isn't optional, and it isn't your enemy. A complete, honest Seller's Disclosure protects you legally and makes buyers more confident, and confident buyers negotiate less.
Before you list, I sit down with every seller and go through the disclosure line by line, so nothing gets missed and nothing gets overstated. If you're curious where you stand, request your free Home Equity Report. It'll show you your home's current value, how much equity you've built, and what's happening with prices and inventory right in your neighborhood. Get your free report at search.teamsordelet.com/seller.
About David Sordelet
Looking for a trusted real estate professional in Delaware or Maryland who can help you make smart choices? Look no further than David Sordelet, Designated Broker of Real Broker Delaware and Team Leader of Team Sordelet.
With over two decades of experience, 1,000+ successful transactions, and 200+ five-star client reviews, David is recognized as one of the region's leading real estate experts. Licensed as the Designated Broker in Delaware and an Agent in Maryland, he provides unmatched knowledge of Wilmington, Newark, Hockessin, Dover, Middletown, and the Maryland Eastern Shore.
David understands that in real estate, who you work with matters most. That's why he combines personalized service, clear communication, and expert negotiation with the most modern marketing strategies and cutting-edge technology to achieve exceptional results for his clients.
Whether you're a first-time homebuyer, a move-up family, an investor, or a seller looking to maximize value, David Sordelet is the proven real estate professional you can count on.
License: RB-0031238-DE / 5013138-MD
Team Sordelet and David Sordelet are licensed real estate professionals, not attorneys, accountants, or financial advisors. This article is general information, not legal, tax, or financial advice. Every situation is different — consult a qualified attorney, CPA, or lender about your specific circumstances before making decisions.
Hello, World!
