Do I have to give a seller disclosure in Delaware?

Section 2572 says a seller transferring residential real property must disclose in writing all material defects known at the time the property is offered for sale or before final settlement. The disclosure must be made before the seller signs the listing agreement and updated for material changes. Residential real property means property improved by dwelling units for one to four families.

Section 2578 lists items the form must cover, including radon test results under section 2572A, who is responsible for street repair or repaving costs and information about fire suppression systems in new construction. Agents must give the form to prospective buyers or their agents before an offer is made, under section 2573.

The act has no language requiring a seller to investigate beyond what the seller knows. Section 2574 treats the disclosure as a good faith effort and not a warranty of any kind. Fill it out honestly, because knowing concealment can create trouble that the statute's limits do not cover.

Have your agent or attorney review the form before you sign. This page is general information and not legal advice. Some transfers are exempt, which we cover in a separate guide. If you are unsure whether something is a material defect, ask your agent or attorney. It usually costs less to mention a minor issue than to argue about it after closing.

Anyone who would rather not complete a disclosure form for a retail buyer may compare a direct sale. A cash sale to Kaizen Home Buyers skips the repair list and the agent commission. The purchase is as-is. We can give you an offer within 24 hours and close in 14 to 30 days, or later if you need time. Our phone is 267-329-0084.