What must a home seller disclose in Delaware?

Who has to disclose?

The disclosure duty sits in the Buyer Property Protection Act, Subchapter VII of Chapter 25 of Title 6. It covers a seller transferring “residential real property,” which the law defines as a manufactured housing lot or real property “improved by dwelling units for 1-4 families” (§ 2571). Section 2576 applies the Act to sales, exchanges, installment land sale contracts, leases with an option to purchase, ground leases of a manufactured housing lot, and vacant land zoned for residential use and marketed for a 1-4 family dwelling.

The seller must disclose “all material defects of that property that are known at the time the property is offered for sale or that are known prior to the time of final settlement” (§ 2572(a)). The seller then updates the disclosure if the property changes before settlement (§ 2572(b))., and the form is no substitute for an inspection (see our home inspection guide).

When and how must the seller disclose?

The seller uses a form from the Delaware Real Estate Commission, which the law directs it to develop (§ 2578). The form is not a warranty. Section 2574 calls it “a good faith effort by the seller” and says it is “not a substitute for any inspections or warranties that the seller or buyer may wish to obtain.”

What the Commission’s report asks

The current form is headed “Approved by the Delaware Real Estate Commission (Effective Date: August 1, 2026)” and runs 11 pages. It has numbered questions in sections that include:

• Occupancy and rentals, and whether the home is new construction (new construction has its own form).
• Deed restrictions, homeowners associations and condominiums: fees, special assessments, capital contribution fees and unpaid charges.
• Title and zoning: whether the mortgage balance exceeds the home’s value, easements, zoning variances and participation in assistance programs that must be repaid at sale.
• Environmental concerns: underground tanks, asbestos, lead hazards, mold tests, methamphetamine use.
• Land and drainage: flood zone location, wetlands, drainage problems, flood insurance and its annual cost, and insurance claims in the past five years.
• Structure, roof, termites and basements: additions and permits, foundation movement, water leaks, wood-destroying insects, roof age.
• Plumbing, septic, heating, electrical and fireplaces, including the type of water supply pipes, septic inspection and solar leases.

Two items come straight from the statute. The form asks who pays to repair and repave the street next to the property, with this note: “Repairing and repaving of the streets can be very costly” (§ 2578(c)). It also includes radon test results (§ 2578(d)). For more on flood questions, see our flood insurance guide.

The radon disclosure

Section 2572A requires its own form for every covered sale of a home with a dwelling. On the Commission’s radon form the seller says whether they know of radon in the property, whether any radon tests were done, and whether the buyer received the reports. The buyer signs to confirm receiving the brochure Radon: Rights, Risks and Remedy for the Home-Buyer and to acknowledge the option to test.

Exemptions

Section 2577 lists transfers that fall outside the Act:

What if the seller does not disclose?

The statute spells out when a buyer cannot sue: for defects disclosed before the offer, defects that developed after the offer but were disclosed before settlement, and defects that occur after settlement (§ 2575). It does not give the buyer a fixed cancellation window like some states do. The sections read do not state a penalty. If you think a seller hid a known defect, ask a Delaware attorney about your options.

Deaths and other “stigma” facts

Under 24 Del. C. § 2927, the fact that a property is “psychologically impacted” is not a material fact that must be disclosed. A seller or agent who gets a written question about it must answer truthfully, to the best of their knowledge. Nobody may disclose that an occupant had HIV, AIDS or another disease medical evidence says is highly unlikely to spread through occupancy.

The federal lead-based paint rule

For most homes built before 1978, the EPA requires the seller to give the pamphlet Protect Your Family From Lead In Your Home, disclose known lead paint and lead hazards, hand over available records, and include a Lead Warning Statement in the contract. The buyer gets 10 days for a paint inspection or risk assessment unless the parties agree otherwise in writing. The seller must keep a signed copy of the disclosures for three years. The EPA exempts foreclosure sales and housing certified lead-free. Our home buying guide shows where this fits in a purchase.