You know your Delaware home better than anyone, flaws and all. If you’re making plans to sell, you might be curious how much you need to reveal on the Delaware seller disclosure form, officially known as the Seller’s Disclosure of Real Property Condition Report.
This form provides potential buyers with a clearer picture of your property’s condition and history, enabling them to make a more informed decision. Additionally, it can also protect you in the event of potential legal action that could arise from failing to disclose issues with the property.
In this post, we’ll tell you what to expect, how much detail to provide, and what could go wrong if you leave something out. We’ll also provide a downloadable Disclosure Litmus Test to help you identify any red flags.
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What is the Delaware seller disclosure form?
The Delaware seller disclosure form, or Seller’s Disclosure of Real Property Condition Report, is a document developed by the Delaware Association of Realtors. It’s designed to help you disclose any known issues or facts about your home that could impact its value or a buyer’s decision to proceed.
Delaware law requires sellers to disclose all material facts — in other words, anything that could impact the buyer’s use or enjoyment of the property. The Seller’s Disclosure of Real Property Condition Report form acts as a guide to help you do this thoroughly. It covers everything from structural issues and past repairs to neighborhood conditions and HOA rules.
What’s included in the Delaware seller disclosure form?
Below is a section-by-section summary of what you’ll be asked to disclose when selling a home in Delaware. This quick overview can help you understand what to expect, so you can be prepared and ready. However, please note that this is just an example of what might appear on your disclosure form. Your actual form may differ.
Occupancy
☐ How the home is used (primary, rental, second home, etc.)
☐ Any leases, permits, or management agreements
☐ Whether the property is new construction
Deed restrictions and associations
☐ Deed restrictions or violations
☐ HOA/condo/co-op membership and related fees or assessments
☐ Planned fee increases or unpaid balances
Title and zoning
☐ Liens or mortgage issues
☐ Ownership type (fee simple, leasehold, co-op)
☐ Easements, rights-of-way, or zoning variances
General property information
☐ Government repair notices or legal actions
☐ Tax exemptions that won’t transfer
☐ Planned changes nearby (roads, utilities, zoning)
☐ Pools, hot tubs, and compliance
☐ Trash service and responsibility for street maintenance
Environmental concerns
☐ Underground tanks
☐ Asbestos or lead hazards
☐ Tests for hazardous substances or mold
☐ Methamphetamine activity
☐ Wastewater irrigation systems
Land and drainage
☐ Fill dirt, settling, or earth movement
☐ Flood zone or drainage issues
☐ Boundary concerns, surveys, or encroachments
☐ Standing water after storms
Structural items
☐ Additions or structural changes (with permits)
☐ Foundation or wall movement
☐ Damage from fire, wind, or flooding
☐ Water intrusion
☐ Problems with exterior or interior surfaces
Termites, insects, and wildlife
☐ Termite activity, inspections, damage, or treatments
☐ Other pest infestations or bat colonies
☐ Pest control warranties
Basement and crawl spaces
☐ Sump pump and drainage
☐ Water intrusion or dampness
☐ Foundation cracks or bulges
Roof
☐ Age of roof and number of layers
☐ Roof, gutter, or skylight issues
☐ Roof warranty details
Plumbing
☐ Water source (public or well) and treatment system
☐ Water heater details
☐ Septic system type, inspections, and pump dates
☐ Abandoned wells or tanks
Heating and cooling
☐ Number and type of systems
☐ Fuel sources and service history
☐ HVAC upgrades, permits, and issues
Electrical system
☐ Electric provider and wiring type
☐ Panel type and service capacity
☐ Electrical issues (tripping breakers, faulty outlets)
☐ Generators or solar systems
Fireplaces and stoves
☐ Number and fuel type
☐ Installation details
☐ Chimney or flue maintenance
Major appliances and other items
☐ Working condition of included appliances, mechanical systems, fixtures, smart devices, garage openers, pool or hot tub equipment, irrigation systems, sheds, and security systems
Additional information
☐ Space for explanations of any issues disclosed above
Download and print our Disclosure Litmus Test
Use this link to download a printable checklist (62KB) to prepare for completing the Delaware seller disclosure form. The questions on this Seller Disclosure Litmus Test reflect the types of details and issues you may need to reveal about your home — and what buyers expect to know.
Check off anything that applies to your Delaware property. If you’re unsure about something, make a note to ask your real estate agent or investigate further. The goal is to help you think through what needs to be documented and disclosed during the sale process.
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