Delaware Seller’s Disclosure Guide: What Home Sellers Need to Know in 2026

If you are thinking about selling a home in Delaware, one of the most important documents you will complete is the Delaware Seller’s Disclosure of Real Property Condition Report.

As of August 1, 2026, Delaware has a new Seller’s Disclosure form — and it is extensive. The current form is 11 pages long and asks detailed questions about the property, its systems, its history and conditions that may affect a buyer’s decision.

For homeowners preparing to sell, understanding the disclosure before your home goes on the market can make the process much easier.

What Is the Delaware Seller’s Disclosure?

Delaware law requires sellers of certain residential property to disclose in writing material defects that are known when the property is offered for sale or that become known before final settlement.

The disclosure applies to residential property improved by dwelling units for one to four families.

The Seller’s Disclosure is not simply paperwork completed at the end of the transaction. It is intended to provide prospective buyers with information about the property before they make an offer.

The disclosure must also be updated when necessary if a material change occurs before final settlement.

The Seller Answers Based on Their Knowledge

The Delaware Seller’s Disclosure repeatedly instructs sellers to answer questions based on their knowledge of the property.

Depending on the question, a seller may answer Yes, No, Unknown or Not Applicable. Certain answers require additional explanation in the Additional Information section of the disclosure.

The goal is not for a seller to diagnose a property or become an expert in construction, plumbing, electrical systems or other specialized areas. The seller is providing information based on what they know about the property.

What Does the Delaware Seller’s Disclosure Cover?

The new disclosure goes far beyond asking whether the roof leaks or whether the heating system works. It covers a wide range of property conditions and ownership issues.

Occupancy and Property Use

Sellers are asked how the property is currently used, including whether it is a primary residence, second or vacation home, rental property, inherited property or another type of occupancy.

The disclosure also addresses leases, options to purchase, rights of first refusal and rental-management agreements.

HOAs, Condominiums and Deed Restrictions

The disclosure asks about deed restrictions and whether the property is part of a homeowners association, condominium association, cooperative, civic association or maintenance corporation.

Sellers may need to provide information about:

• HOA or condominium fees and dues
• Assessments
• Capital contribution fees
• Unpaid assessments
• Special assessments
• Proposed or discussed increases in fees, dues or assessments
• Rental, pet or fence restrictions

Title, Zoning and Property Restrictions

The disclosure includes questions concerning easements, rights-of-way, shared maintenance agreements, zoning issues, variances, non-conforming uses and setback violations.

It also asks whether the seller participated in certain mortgage or closing-cost assistance programs that may need to be repaid when the property is transferred.

Property Taxes and Government Notices

One particularly important question asks whether the seller’s current real estate tax amount reflects a non-transferable exemption or discount.

The disclosure also asks whether the seller has received notice from a local, state or federal agency concerning repairs, violations, zoning changes, road changes, utility changes or other matters that could materially affect the property.

Environmental Conditions

Sellers are asked about several environmental conditions, including:

• Underground storage tanks
• Asbestos-containing materials
• Lead hazards
• Testing for hazardous substances
• Mold testing
• Wastewater spray irrigation systems

Flooding, Drainage, Wetlands and Land Conditions

The disclosure contains detailed questions about the land surrounding the home.

Among other things, sellers are asked about:

• Flood zones
• Wetlands
• Drainage or flooding problems
• Flood insurance
• Insurance claims on the property during the previous five years
• Standing water in the yard for more than 48 hours after rain
• Boundary disputes
• Encroachments
• Ditches and swales

Structural Changes, Water and Foundation Issues

Sellers are asked whether additions or structural changes have been made to the property and whether required permits and approvals were obtained.

The disclosure also addresses past or present issues involving:

• Foundation movement or shifting
• Fire, smoke, wind or flood damage
• Non-plumbing water leakage
• Exterior and interior walls
• Driveways and walkways
• Decks, patios and porches
• Floors, ceilings and windows

If repairs or other attempts were made to correct certain problems, the disclosure may require that information as well.

Termites, Wood-Destroying Insects and Wildlife

The form asks sellers about current and previous termite or other wood-destroying insect infestations, inspections, damage and treatments.

There are also questions concerning other insect infestations, wildlife damage and even the presence of bat colonies.

Basements and Crawl Spaces

Basement and crawlspace water problems are specifically addressed.

Sellers are asked whether there is or has ever been water leakage, accumulation or dampness in a basement, crawlspace or other interior area.

The form also asks whether repairs or other attempts have been made to control water or dampness problems and whether there are cracks or bulges in floors or foundation walls.

Roof Information

The disclosure asks when the roof surface was last installed, how many layers of roofing material are present and whether there are problems with the roof, flashing, gutters or skylights.

If roof problems were repaired during the seller’s ownership, additional explanation may be required.

Plumbing, Wells and Septic Systems

The plumbing section is particularly detailed.

Sellers may be asked to provide information about:

• The property’s drinking water source
• Water treatment systems
• Private wells
• Types of water-supply and drainage piping
• Water heater age and type
• Plumbing leaks and backups
• Plumbing upgrades and permits
• Well testing
• Public or community sewer systems
• Septic systems
• Septic pumping and inspections
• The number of bedrooms a septic system is permitted to service
• Irrigation systems

Heating and Air Conditioning

The Seller’s Disclosure asks about the number and type of heating and air-conditioning systems in the property.

Information may include:

• Heating-system type
• Fuel type
• Fuel provider
• Approximate furnace age
• Date of last service
• Air-conditioning type
• Approximate air-conditioning system age
• Upgrades or additions
• Permits
• Known heating or air-conditioning problems

Electrical Systems

The electrical portion asks about the electrical provider, type of wiring, amperage, circuit breakers or fuses and certain electrical problems.

It also addresses generators, solar and wind-powered systems, electrical upgrades and whether required permits were obtained and closed.

Appliances, Smart-Home Equipment and Other Items

The disclosure contains an extensive list of appliances and other property items and asks whether applicable items are in working order.

The list includes traditional items such as ranges, refrigerators, dishwashers, washers, dryers, water heaters and sump pumps, along with newer technology such as:

• Electronic or smart door locks
• Smart cameras and doorbells
• Smart thermostats
• Security and monitoring systems
• Solar equipment

The Agreement of Sale ultimately governs what items are included or excluded from the transaction.

What If You Need to Explain an Answer?

The disclosure contains a dedicated Additional Information section.

When a question requires clarification, the seller can identify the question number and provide an explanation using common language. Additional sheets can also be attached if necessary.

A Seller’s Disclosure Is Not a Home Inspection

The Delaware Seller’s Disclosure specifically states that it is not a warranty and is not a substitute for inspections or warranties that a seller or buyer may choose to obtain.

That distinction is important.

A seller is disclosing information based on their knowledge of the property. A professional home inspector, HVAC contractor, plumber, electrician, roofer or other specialist may identify conditions that a homeowner did not previously know existed.

What Happens If Something Changes After the Disclosure Is Completed?

The seller’s disclosure obligations do not necessarily end when the original form is completed.

If a material change occurs before final settlement, the disclosure is to be updated as necessary.

For example, if a significant problem develops after the property is listed but before settlement, it may need to be disclosed to the buyer.

Is the Delaware Seller’s Disclosure Legally Binding?

Yes. The current Delaware form expressly states that it is a legally binding document.

The seller acknowledges that the information provided is, to the best of the seller’s knowledge and belief, complete, true and accurate.

The form also advises sellers and buyers to consult an attorney if they do not understand the document.

Before You Put Your Delaware Home on the Market

If you are considering selling, it can be helpful to begin thinking about your property’s history before completing the disclosure.

Consider gathering records you may already have concerning repairs, improvements, permits, warranties, roof replacement, HVAC servicing, pest treatments, septic inspections, well testing, HOA information and other work performed during your ownership.

Do not guess about information you do not know. The Delaware form specifically provides options for Unknown and Not Applicable when appropriate.

Most importantly, answer the disclosure based on your knowledge of the property and provide additional explanation when the form requires it.

Frequently Asked Questions About Delaware Seller Disclosures

Does a Delaware home seller have to disclose known defects?

Delaware law requires sellers of covered residential property to disclose material defects known when the property is offered for sale and material defects that become known before final settlement.

When does the buyer receive the Seller’s Disclosure?

The Delaware form states that the Seller’s Disclosure is to be provided to prospective buyers before the buyer makes an offer to purchase the property.

Does the seller have to update the disclosure?

Yes. The disclosure is to be updated as necessary for material changes that occur before final settlement.

What if the seller does not know an answer?

The form permits sellers to use “U” for Unknown and “NA” for Not Applicable where appropriate rather than guessing.

Is a Seller’s Disclosure the same as a home inspection?

No. The Delaware Seller’s Disclosure specifically states that the report is not a substitute for inspections or warranties that a buyer or seller may wish to obtain.

Does the Delaware Seller’s Disclosure cover previous repairs?

In many sections, yes. The form asks about prior problems, repairs, treatments, improvements and attempts to correct certain conditions. The exact information requested depends on the particular question.

Does the disclosure include HOA information?

Yes. The form includes questions about homeowners associations, condominium associations, fees, dues, assessments, capital contributions, special assessments and certain proposed increases.

Does the Delaware disclosure ask about flooding and drainage?

Yes. The form contains questions concerning flood zones, wetlands, drainage problems, flood insurance, prior insurance claims and standing water on the property.

Does the disclosure include septic and well information?

Yes. Sellers may be asked about wells, water testing, septic-system type, pumping history, inspections and the number of bedrooms a septic system is permitted to serve.

Is the Delaware Seller’s Disclosure legally binding?

Yes. The current form states that it is a legally binding document and advises anyone who does not understand it to consult an attorney.

This page is provided for general informational purposes and is not legal advice. Real estate transactions and property conditions vary. Sellers and buyers should review the current Delaware Seller’s Disclosure of Real Property Condition Report and consult appropriate legal or other professionals when necessary.