Delaware FSBO Disclosure Requirements (2026)

Delaware's Seller's Disclosure of Real Property Condition Report covers the primary requirements. Delaware's coastal zones (Sussex County beaches, Delaware Bay) have significant FEMA flood exposure; Wilmington's older neighborhoods have lead paint; and Sussex County's rural areas use wells and septic. Delaware also has one of the highest transfer tax rates in the US (4% total, split between buyer and seller).

Delaware Disclosure Framework

6 Del. C. §2572 requires the Seller's Disclosure of Real Property Condition Report. Sellers provide it to buyers before or at contract. Buyers have 5 business days after receipt to rescind.

Delaware's form uses a "Yes/No/Unknown" format covering all major property categories.

Coastal Flood Zone Disclosure — Sussex County Beaches

Delaware's Atlantic coast (Rehoboth Beach, Dewey Beach, Bethany Beach, Fenwick Island, Ocean View) and Delaware Bay coast (Lewes, Milford) have extensive FEMA flood zone exposure. These are coastal communities with genuine hurricane, nor'easter, and storm surge risk.

Disclosure requirements for beach/coastal properties:

NFIP flood insurance costs at Delaware beaches can be substantial — $2,000–$8,000+ annually depending on zone and elevation. Providing your NFIP premium information helps buyers understand their full housing cost.

Wilmington Lead Paint and Older Housing

Wilmington's historic neighborhoods (Trolley Square, Cool Spring, Browntown, Hedgeville) have significant pre-1940 housing. Federal Lead-Based Paint Disclosure required for all pre-1978 homes.

Wilmington has had documented childhood lead poisoning public health challenges, particularly in older row house neighborhoods. Lead paint in Wilmington's older housing is essentially universal — complete federal disclosure and be prepared for buyer requests regarding paint condition.

Christina River and Brandywine Creek Flood Zones

Northern Delaware's Christina River and Brandywine Creek have FEMA flood zones in portions of Wilmington, Newark, and New Castle. The 2003 flooding in the Brandywine Valley affected some northern Delaware properties.

Know your FEMA flood zone at msc.fema.gov. Inland New Castle County properties are generally Zone X (minimal risk) but properties near watercourses warrant checking.

Sussex County Well and Septic

Sussex County's rural and beach-fringe residential areas extensively use private wells and septic. Delaware's disclosure form has sections for both.

Well disclosure: depth, pump age, last water quality test results. Delaware DNREC regulates wells; check permit records.

Septic disclosure: system type, tank size, last pump-out date, any failures or repairs. Delaware DNREC permits and inspects septic systems; records are available.

Delaware Transfer Tax — 4% Total

Delaware's 4% total transfer tax is among the US's highest. It is typically split equally (2% seller, 2% buyer), but allocation is negotiable. On a $340,000 sale: $6,800 total, approximately $3,400 for the seller. First-time homebuyers may receive a partial waiver on the buyer's portion under certain conditions.