Delaware Property Disclosure Form Template (PDF & Word) – 2026

A Delaware seller’s property disclosure form is the document by which the seller of residential real estate discloses known material conditions affecting the property. Delaware law requires specific disclosures: Delaware Code Title 6 §2572 — Seller’s Disclosure of Real Property Condition. Failure to disclose known material defects can give rise to fraud claims, rescission, damages, and attorney fees — even after closing.

This page provides a free Delaware seller’s property disclosure form template in PDF and Microsoft Word format. The template incorporates the standard categories of disclosure (structural, roof, water, electrical, HVAC, pests, environmental, water issues, appliances, zoning, HOA, legal) plus a reminder of state-specific disclosure obligations. This form is not a substitute for state-prescribed forms where applicable — verify with a Delaware-licensed real estate professional or attorney.

Why Sellers Must Disclose

Property disclosure laws emerged from the recognition that sellers know more about their property than buyers can reasonably discover through inspection. Hidden defects (latent defects) materially affect property value and habitability. State disclosure laws shift some of the disclosure burden to sellers, balancing the information asymmetry.

Disclosure typically follows the principle of “what you know.” Sellers are not required to:

• Perform inspections;
• Research records they don’t already have;
• Disclose conditions they don’t know about.

But sellers ARE required to disclose:

• Material defects they actually know about;
• Known repairs and their nature;
• Environmental hazards within seller’s knowledge;
• Pending litigation, liens, or assessments;
• State-specific items mandated by statute.

Delaware Disclosure Requirements

Delaware Code Title 6 §2572 — Seller’s Disclosure of Real Property Condition.

Delaware sellers should use the state-prescribed disclosure form where one exists, or a form that satisfies all statutory requirements. This template includes the standard categories and serves as a starting point; verify against current Delaware requirements before relying on it for an actual transaction.

Federal Disclosure: Lead-Based Paint

For any residential property built before 1978, federal law (24 CFR Part 35) requires:

• A separate Lead-Based Paint Disclosure form;
• Provision of the EPA pamphlet “Protect Your Family from Lead in Your Home”;
• A 10-day inspection contingency for buyer to evaluate lead-based paint hazards;
• Specific signed acknowledgments by buyer and seller.

Penalties for failure to disclose lead-based paint can reach $19,507 per violation. Always comply for pre-1978 properties.

Standard Categories of Disclosure

• Structural. Foundation, walls, ceiling, settling, cracks.
• Roof. Age, leaks, repairs.
• Water and Sewer. Public vs. well; municipal vs. septic; quality issues.
• Electrical. Circuit breakers vs. fuses; aluminum or knob-and-tube wiring.
• HVAC. System types, ages, known issues.
• Pests. Termites, carpenter ants, rodents.
• Environmental. Asbestos, lead paint, radon, mold, underground tanks, methamphetamine.
• Water Issues. Flood zone, flooding history, drainage, basement leaks.
• Appliances and Fixtures. What’s included; working order.
• Zoning and Boundaries. Violations, encroachments, easements.
• HOA and Assessments. Fees, special assessments, violations.
• Legal. Lawsuits, liens, unrecorded agreements.

When to Deliver Disclosures

Timing matters. Best practice:

• Pre-offer: Disclosures included in listing package so buyers can evaluate before offering.
• Pre-contract: Disclosures delivered before purchase agreement signed, with buyer acknowledgment.
• Post-contract (worst): May give buyer a termination right under state law; creates renegotiation risk.

Always have the buyer sign acknowledging receipt and review of all disclosure documents. Retain signed copies.

Consequences of Inadequate Disclosure

• Rescission. Buyer may unwind the sale.
• Damages. Repair costs, diminution in value, lost rent if buyer can’t move in.
• Attorney fees. Some statutes allow fee-shifting to buyer if seller violation found.
• Fraud claims. Intentional non-disclosure may support punitive damages.
• Criminal penalties. Some states impose criminal liability for fraudulent non-disclosure.
• Reputational damage. Court records of fraud findings are public.

What “As-Is” Means and Doesn’t Mean

An “as-is” provision in the purchase contract means the seller will not make repairs and the buyer accepts the property in its current condition. However:

• “As-is” does NOT waive state-mandated disclosures. These cannot be contractually waived.
• “As-is” does NOT protect against fraud. Concealing known material defects is still fraud.
• “As-is” protects against: Buyer’s post-closing claims for ordinary defects buyer should have discovered through inspection.

Common Mistakes

• “I didn’t want to know” approach. Willful blindness does not protect against fraud claims.
• Vague answers. “Unknown” is acceptable when truthfully unknown; lying or evading creates liability.
• Forgetting prior repairs. If you repaired a roof leak 5 years ago, disclose it even though it’s no longer leaking.
• Not disclosing HOA issues. HOA violations, pending assessments, and special assessments must be disclosed.
• Forgetting state-specific items. Delaware may require disclosures not on generic forms.
• No buyer acknowledgment. Always have buyer sign receipt of disclosure documents.
• Hiding behind “as-is”. As-is does not waive disclosure obligations.

Frequently Asked Questions

Is the seller required to provide a property disclosure in Delaware?

Delaware Code Title 6 §2572 — Seller’s Disclosure of Real Property Condition. The exact form, timing, and content of required disclosures vary by state. Most states require disclosures be provided before or shortly after the purchase agreement is executed.

What happens if the seller fails to disclose a known defect?

Buyer may have claims for fraud, breach of contract, and (in Delaware) breach of statutory disclosure obligations. Damages can include rescission of the sale, repair costs, diminution in value, and attorney fees. In some states, criminal penalties may also apply.

Is the seller required to disclose deaths on the property?

Depends on state. Some states (e.g., California) require disclosure of death within 3 years; others have no requirement. Cause of death also matters — murder/suicide more likely to require disclosure than natural death.

Must the seller disclose paranormal activity or ghosts?

Some states (most famously New York under Stambovsky v. Ackley) require disclosure of psychological “stigmas” attached to the property. Most states do not. Check state-specific requirements.

Does the seller need to disclose problems they don’t know about?

No. Disclosure is based on seller’s actual knowledge. Sellers are not required to perform inspections or research. However, willful blindness (“I didn’t want to know”) generally does not protect against fraud claims.

Can disclosure be waived by an “as-is” clause?

Generally NO. State-mandated disclosures cannot be waived by contract. An “as-is” provision protects against ordinary maintenance issues and known disclosed defects, not against undisclosed material defects.

When must disclosures be delivered to the buyer?

Typically before or contemporaneously with the purchase agreement. Late disclosure (after contract execution) may give buyer a termination right. Best practice: deliver disclosures as part of the listing package, before any offers.

Does the buyer need to acknowledge receipt?

Yes. Best practice is to have the buyer sign acknowledging receipt and review of all disclosure documents. This avoids later disputes about whether disclosures were actually provided.

Download the Free Delaware Property Disclosure Form

Property disclosure obligations are state-specific and consequential. This template incorporates standard disclosure categories but should be verified against current Delaware requirements. For high-value properties, complex disclosures (environmental, historical), or marginal calls about what to disclose, consult a Delaware-licensed real estate attorney. Honest disclosure protects both seller (against fraud claims) and buyer (informed decision-making).

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