Does a home seller have to disclose the property’s condition in Delaware?
In Delaware, the seller of residential real property with one to four dwelling units must disclose in writing all known material defects, before signing the listing agreement and updated until final settlement, and a copy of the Seller’s Disclosure of Real Property Condition Report must be given to prospective buyers before they make an offer to purchase. The seller must also give the buyer any radon test or inspection information in the seller’s possession and notify the buyer of any known radon hazards. The disclosure form, signed by buyer and seller, becomes part of the purchase agreement. Court-ordered sales, deeds in lieu of foreclosure, sheriff’s sales, sales by a fiduciary administering an estate or trust, and transfers between co-owners, to a spouse or to lineal relatives are exempt. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is 6 Del. C. §§ 2572, 2572A, 2573, 2576, 2577.
| What | Delaware |
|---|---|
| Seller disclosure | Required before the buyer makes an offer |
| Kind of rule | A written property condition statement is required |
What the statute says
“The agent, subagent or seller, as applicable, shall give a copy of the Seller’s Disclosure of Real Property Condition Report to all prospective buyers or prospective buyer’s agent prior to the time the buyer makes an offer to purchase.”
Quoted word for word from the section’s text.
Source
6 Del. C. §§ 2572, 2572A, 2573, 2576, 2577
Read the statute in the Delaware Code (Delaware General Assembly): delcode.delaware.gov.
Checked against the statute on November 15, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
This page states the state’s rule so the costs and paperwork of a sale can be checked against it before a contract is signed. An owner on Seayora keeps each property’s owners of record and its documents in one place.
Guides on this rule
- Seller Disclosure Requirements by State — Whether a home seller must give a written property condition disclosure, with the rule in each of the 48 jurisdictions with a statute.
Compare this rule in every state
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