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Delaware · 24 Del. C. §2938Delaware consumer information statement: when it's delivered, when it's signed and when agency duties start

Delaware's Real Estate Commission sets a consumer information statement (CIS) by rule, summarizing what a licensee may and may not do (24 Del. C. §2938(a)). It must be delivered no later than the earliest of the first scheduled appointment, the first showing of a property or making an offer, unless another licensee already gave it; a listing licensee who knows the buyer is working with another licensee needn't give the buyer one, and the same goes for a buyer's licensee and a represented seller (§2938(b)). The customer or client signs the CIS before signing an agreement of sale, a listing agreement or any other brokerage agreement, unless exempt (§2938(b)). At open houses the CIS must be available but needn't be personally presented unless the visitor asks for more than factual information or wants to make an offer (§2938(c)). A licensee's statutory duties to a client begin at the earliest of the first scheduled appointment, the first showing, making an offer or otherwise working for the client – unless a CIS is signed saying there's no agency relationship (§2934(a)).

The rules

  1. 1. Delivery (§2938(b))

    By the first scheduled appointment, first showing or offer – whichever is first.

  2. 2. Signature (§2938(b))

    Before any agreement of sale, listing agreement or other brokerage agreement.

  3. 3. Open houses (§2938(c))

    Available; presented only if the visitor asks for more than facts or wants to offer.

  4. 4. Duties start (§2934(a))

    At the first appointment, showing, offer or other work for the client.

What the TC can do

  • Check that the signed CIS is in the file before the agreement of sale is signed.
  • If another licensee gave the CIS, note who and when.
  • Keep the CIS with the deal for the brokerage's records.

Questions about the Delaware CIS

When must a Delaware agent give the consumer information statement?

No later than the first scheduled appointment, the first showing of a property or making an offer, whichever comes first (24 Del. C. §2938(b)).

Does the Delaware CIS have to be signed?

Yes – before the customer or client signs an agreement of sale, a listing agreement or any other brokerage agreement, unless exempt (§2938(b)).

Related guides

Keep the signed CIS with the deal in ClosingCode and track a missing one as a task with an owner and a due date.

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Source: Delaware Code Title 24 §§2934 and 2938 (delcode.delaware.gov, read October 26, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.