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Delaware · 24 Del. C. §2927Delaware stigmatized property: not material, but a written question gets a truthful answer

Delaware calls a property psychologically impacted if it was, or was at any time suspected to have been, the site of a homicide, suicide or other felony except arson, or if an occupant is or was suspected to be infected with HIV or diagnosed with AIDS or another disease highly unlikely to be transmitted through occupancy (24 Del. C. §2902(19)). The fact or suspicion that a property is psychologically impacted is not a material fact that must be disclosed, and no cause of action arises against an owner, landlord or licensee for failing to inquire about, disclose or release it (§2927(a)–(b)). But if a customer or client makes a specific written request about psychological impacts on a specific property, the owner, landlord or licensee must answer truthfully to the best of their knowledge; a licensee has no duty to ask the owner unless the customer or client asks the licensee in writing to do so (§2927(c)). HIV, AIDS and similar diseases may not be disclosed even if the customer or client specifically asks (§2927(d)).

What the statute says

  1. Definition (§2902(19))

    Homicide, suicide or a felony other than arson on the property; an occupant's HIV/AIDS.

  2. Not material (§2927(a)–(b))

    No disclosure required and no cause of action for not inquiring or disclosing.

  3. Written request (§2927(c))

    A specific written request is answered truthfully, to the best of knowledge.

  4. Never disclosed (§2927(d))

    HIV, AIDS and similar diseases – even when asked.

Still not allowed

  • Answering a specific written request untruthfully (§2927(c)).
  • Disclosing an occupant's HIV or AIDS, even when asked (§2927(d)).
  • Treating arson as covered – the definition excludes it (§2902(19)).

How agents and TCs handle the question

  • A buyer's direct question gets a truthful answer or a referral to the seller – never a made-up one.
  • Physical consequences – damage, cleanup, meth contamination – go on the condition disclosure.
  • Write down the question and the answer in the deal notes.

Questions buyers and sellers ask

Do you have to disclose a murder in a house in Delaware?

Not on your own – a homicide on the property is a psychological impact, which is not a material fact (24 Del. C. §2927(a)). If a buyer asks in a specific written request, the answer must be truthful (§2927(c)).

Does the Delaware rule cover arson?

No – the definition covers a homicide, suicide or other felony except arson (24 Del. C. §2902(19)).

Related guides

Log buyer questions and the answers given as deal notes in ClosingCode, so the file shows what was asked and said.

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Source: Delaware Code Title 24 §§2902(19) and 2927 (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.