Which Delaware home sales are exempt from the seller disclosure law?

Under section 2577 of the Buyer Property Protection Act, several kinds of transfers are not covered. The summary of the statute we reviewed names court-ordered sales, foreclosures, sheriff's sales, transfers between co-owners, transfers to family members, transfers from government entities and fiduciary transfers. A fiduciary can include an estate representative. Read the full text for exact wording.

An executor selling an inherited house is a fiduciary transfer. That may take the sale outside the disclosure duty. Still, buyers may ask questions, and a false statement made to a buyer can create other legal risk. Keep answers factual and consistent with what you know.

The act does not remove the buyer's rights under other laws or the sales contract. Federal lead-based paint rules and contract terms may apply separately. If the contract says you will deliver a form, deliver it. Ask the title company what the buyer's lender expects. If a buyer asks for a disclosure anyway, you can still provide one. Many estates prefer to share what they know in writing, since it shows good faith and sets expectations before the contract is signed.

Section 2575 limits the buyer's claims for defects disclosed before the offer, disclosed before settlement or arising after settlement. Section 2574 says the form is not a warranty. This page is general information and not legal advice. A Delaware attorney can confirm whether an exemption fits.

Estates and heirs often want a buyer who does not expect a retail-style repair negotiation. You can also ask Kaizen Home Buyers for a cash offer. We buy as-is, with no repairs and no agent commission, make offers within 24 hours and close in 14 to 30 days or on the date you set. Reach us at 267-329-0084.