Delaware FSBO Disclosure Requirements (2026)

Delaware Disclosure Law

6 Del. C. §2571 requires sellers to provide a Seller's Disclosure of Real Property Condition Report before or at signing of the sales contract.

What Must Be Disclosed

Roof condition and known leaks

Foundation and structural integrity

Basement or crawl space moisture

Heating, cooling, plumbing, and electrical systems

Well and septic status (common in Kent and Sussex Counties)

Any environmental hazards

Flood zone status

Homeowner association obligations

Any pending legal actions affecting the property

Coastal and Flood Zone Considerations

Many Delaware beach properties are in FEMA flood zones. Sellers must disclose flood zone status. Buyers in flood zones should budget for flood insurance ($1,500–$3,000/year). This is a material fact that must be disclosed even if not explicitly on the form.

Exemptions

Foreclosure sales, estate transfers, new construction by builders, and court-ordered transfers are exempt from the disclosure requirement.

Penalties

Knowingly failing to disclose a material defect entitles the buyer to rescind the sale and recover damages under Delaware law. Sellers may also face liability for fraudulent misrepresentation.

Download the Delaware disclosure form via the Delaware disclosure guide.