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Delaware · Del. C.Delaware real estate closing laws: a checklist for transaction coordinators

Delaware's rules for a home sale, in the order a transaction meets them: the seller of a one-to-four family home discloses known material defects in writing before signing the listing agreement, and the Seller's Disclosure of Real Property Condition Report goes to buyers before they make an offer and, signed by both, becomes part of the purchase agreement (6 Del. C. §§2572–2573). In a common interest community, the seller gives the buyer the association documents and a resale certificate no later than contract signing; the association has 10 days to provide it, and a buyer who gets it after signing may cancel within 5 calendar days of receipt (25 Del. C. §81-409). At recording, the state realty transfer tax is 3% – 2.5% where the full 1.5% local tax is in force – split equally between grantor and grantee, with a reduced share for a first-time home buyer (30 Del. C. §5402).

From listing to recording

  1. 1. Disclosure (6 Del. C. §§2572–2573)

    Report to buyers before the offer; updated until settlement.

  2. 2. Resale certificate (25 Del. C. §81-409)

    By contract signing; 5 days to cancel if late.

  3. 3. Transfer tax (30 Del. C. §5402)

    State 3% or 2.5%, split equally; first-time buyer relief.

Questions about Delaware closings

When does a Delaware buyer get the seller's disclosure report?

Before making an offer (6 Del. C. §2573).

When is the Delaware HOA resale certificate due?

No later than the signing of the contract (25 Del. C. §81-409(a)).

Who pays the Delaware transfer tax?

The state tax is split equally between grantor and grantee (30 Del. C. §5402(a)).

The Delaware guides

ClosingCode links key Delaware checklist steps to these guides – add a deal and the steps come with owners and due dates.

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Sources: 6 Del. C. §§2572–2573; 25 Del. C. §81-409; 30 Del. C. §5402 (delcode.delaware.gov, read for the linked guides).

General information, not legal advice. Each point links to the guide with the details. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.