Delaware Seller Disclosure
Free Delaware Seller's Property Disclosure Generator
Create a comprehensive Delaware Seller's Disclosure of Real Property Condition Report in minutes. Delaware law (6 Del. C. § 2573) under the Buyer Property Protection Act requires sellers of residential real property to disclose all known material defects to prospective buyers. This free online generator walks you through every required category step by step, including the Delaware Real Estate Commission (DREC) standard format.
Property Information
Enter the details about the property to generate an accurate Delaware Seller's Disclosure. This information will appear at the top of your report.
Review & Generate Your Delaware Disclosure
You've answered all disclosure sections. Here's a quick summary before generating your Delaware Seller's Disclosure of Real Property Condition Report.
Your Delaware Disclosure Document
Your Delaware Seller's Disclosure of Real Property Condition Report is ready. Print or save as PDF for your real estate transaction. You can also download the HTML version.
Frequently Asked Questions About Delaware Seller Disclosure
Is Delaware a mandatory disclosure state?
Yes. Delaware is a mandatory disclosure state under the Buyer Property Protection Act (6 Del. C. § 2573). Sellers of residential real property must provide a Seller's Disclosure of Real Property Condition Report to all prospective buyers, disclosing all known material defects of the property.
What is the Delaware Seller's Disclosure of Real Property Condition Report?
The Delaware Seller's Disclosure of Real Property Condition Report is the standardized form approved by the Delaware Real Estate Commission (DREC) that sellers must complete. It covers 16 sections: Occupancy, Deed Restrictions/HOA, Title/Zoning, Additional Info, Environmental Concerns, Land/Soils/Drainage, Structural Items, Termites/Insects/Wildlife, Basement/Crawl Spaces, Roof, Plumbing, HVAC, Electrical, Fireplace, Appliances, and Additional Information.
What happens if a seller doesn't provide the Delaware disclosure form?
Under 6 Del. C. § 2577, if a seller fails to provide the required disclosure report before the buyer signs a binder or contract, the buyer may recover actual damages or cancel the contract. The seller may also face legal liability for failure to disclose known material defects, including rescission of the sale and damages.
Does the Delaware disclosure substitute for a home inspection?
No. The Delaware disclosure report is based on the seller's actual knowledge of the property and is not a warranty or substitute for a professional home inspection. Buyers are strongly encouraged to obtain independent inspections including structural, pest, radon, and environmental inspections.
What must be disclosed under Delaware's Buyer Property Protection Act?
Under 6 Del. C. § 2573, sellers must disclose all known material defects that significantly affect the value or structural integrity of the property or present an unreasonable risk. This includes structural components, roof, plumbing, electrical, HVAC, environmental hazards (lead paint, asbestos, mold, radon), termites/pests, water intrusion, flooding, HOA matters, boundary disputes, underground storage tanks, and any other known defects.
What are the exemptions from Delaware's disclosure requirements?
Exemptions under 6 Del. C. § 2577 include transfers between co-owners, transfers to immediate family members without consideration, transfers pursuant to court order (divorce, probate), foreclosure sales, transfers by a fiduciary (trustee, executor, guardian), and transfers of unimproved land with no known hazardous waste.
