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Delaware · 6 Del. C. §2572Delaware Seller's Disclosure of Real Property Condition Report

In Delaware the seller of a one-to-four family home discloses in writing all material defects known when the property is offered and until final settlement – first before signing the listing agreement, updated as needed (6 Del. C. §2572). The Seller's Disclosure of Real Property Condition Report goes to prospective buyers before they make an offer and, signed by buyer and seller, becomes part of the purchase agreement (§2573). The form also carries the radon disclosure and who pays for street repaving.

The rules

  1. Known defects (§2572)

    All material defects known when the property is offered or before final settlement, disclosed in writing before the seller signs the listing agreement and updated for material changes until final settlement.

  2. The report (§2573)

    Given to prospective buyers or their agents before they make an offer; signed by buyer and seller, it becomes part of the purchase agreement.

  3. Radon (§2572A)

    Buyers are notified of potential radon exposure; the seller provides radon test information it has and known hazards, on a Commission form; results go on the report (§2578(d)).

  4. Claims (§2575)

    No cause of action for defects disclosed before the offer, defects arising after the offer but disclosed before settlement, or defects occurring after settlement.

Good to know

  • Covers sales, exchanges, installment contracts, lease-options, manufactured housing lots and residential vacant land marketed for a 1–4 family home (§2576).
  • The form states who pays for repairing and repaving adjacent streets (§2578(c)).
  • Exempt: court-ordered transfers, deeds in lieu, sheriff's sales, fiduciaries, co-owners, close family, divorce and government (§2577).

What the TC tracks

  • The signed report attached to the purchase agreement.
  • Updates for material changes before final settlement.
  • The radon form and any test results.

Questions about the Delaware seller disclosure

When must a Delaware seller complete the disclosure?

Before signing the listing agreement, updated as needed until final settlement (6 Del. C. §2572(b)).

When does a Delaware buyer get the disclosure report?

Before making an offer; signed by buyer and seller, it becomes part of the purchase agreement (§2573).

Does Delaware require a radon disclosure?

Yes. Buyers are notified of potential radon exposure and the seller provides radon information it has, on a Real Estate Commission form (§2572A).

Can a Delaware buyer sue for a defect disclosed before the offer?

No. §2575 bars claims for defects disclosed before the offer and for defects that occur after settlement.

Does the Delaware law cover vacant land?

Yes, vacant land zoned residential and marketed for a one-to-four family home (§2576).

Related guides

Keep the signed report and its updates with the deal documents in ClosingCode, with the date each reached the buyer.

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Source: Delaware Code Title 6, §§2570–2578, Buyer Property Protection Act (delcode.delaware.gov, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.