DE · #45 by population

Buying a home in Delaware

Costs and rules that are specific to Delaware. Main city: Wilmington.

Delaware taxes property sales through its realty transfer tax, requires an attorney to close and requires a seller disclosure form. It forecloses through the courts and is not a community property state. Deadline to appeal a property tax assessment: written notice before March 15; if you lose, appeal to Superior Court within 30 days of the postmark of the decision notice.

Delaware in short

Is there a real estate transfer tax in Delaware?

Delaware's realty transfer tax totals 4% of the price on the state return: 2.5% to the state and 1.5% to the county or municipality. The state tax is apportioned equally between buyer and seller, and a first-time buyer can cut the buyer's share by up to $2,000.

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What closing costs does Delaware law set?

Delaware has no official typical closing-cost total. The realty transfer tax is 4% of the price (2.5% state plus 1.5% county or municipal), with the state share apportioned equally between buyer and seller, and each recorded document carries $30 in state add-ons.

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How is property tax calculated in Delaware?

Delaware property tax has county, school district and, inside a city, municipal layers, assessed at fair market value as of the most recent county reassessment base year (reassessed at least every five years).

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What is the deadline to appeal a property tax assessment in Delaware?

In New Castle County, Delaware, file a written assessment appeal with the Board of Assessment Review before March 15 (9 Del. C. 8311), and if the Board rules against you, appeal to Superior Court within 30 days of the postmark of its decision.

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Do you need a real estate attorney to close in Delaware?

Yes. In Matter of Mid-Atlantic Settlement Services (Del. 2000), the Delaware Supreme Court held that a Delaware-licensed attorney must conduct the closing of a sale or refinance of Delaware real property.

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What must a home seller disclose in Delaware?

A Delaware seller of a one- to four-family home must disclose all known material defects in writing before signing the listing agreement (6 Del. C. 2572). The seller must give the buyer the Real Estate Commission's condition report before the buyer makes an offer, plus a separate radon disclosure.

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How does foreclosure work in Delaware?

Delaware forecloses through the courts by a scire facias action, and for an owner-occupied home the lender must send a notice of intent to foreclose 45 days before filing. The owner is offered mediation 45 to 75 days after service, and the home is then sold at a sheriff's sale.

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What first-time home buyer programs does Delaware offer?

In Delaware, the Delaware State Housing Authority (DSHA) runs the Delaware Mortgage Program: 30-year fixed-rate loans paired with a zero-interest second mortgage of 3%, 4% or 5% of the first loan for down payment and closing costs.

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Delaware guides

Wilmington

Buying a home in Wilmington, Delaware

Professionals in Delaware

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