What’s on the Delaware Seller Disclosure Form?

Published on December 10th, 2025
5 min read

Joseph Gordon Editor
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Joseph Gordon is an Editor with HomeLight. He has several years of experience reporting on the commercial real estate and insurance industries.

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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.

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.

Note: Even if you’re selling a home “as is” in Delaware, you’re still required to be truthful and transparent about what you know.

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.

What is not required to be disclosed? Delaware law does not require you to disclose if someone died in the home (unless you are specifically asked), if a previous occupant had HIV or AIDS, or if a sex offender lives nearby. You’re also not obligated to disclose neighborhood rumors, if the house is supposedly haunted (which is the case in New York, for example), or personal reasons for selling, unless you are directly asked, and your answer could be viewed as misleading.

Common mistakes sellers make on the disclosure form

Here are some of the most common missteps sellers make when filling out the Delaware Seller’s Disclosure of Real Property Condition Report:

Checking “yes” without providing an explanation: If you check a yes box that includes an “Explain” line, not providing the details could delay your sale.
Guessing instead of explaining: If you’re not sure about something, don’t make assumptions — just state that you don’t know rather than guessing.
Failing to attach supporting documents: Inspection reports, permits, repair invoices, and warranties help verify your disclosures.
Not disclosing repaired issues: Even if you’ve fixed a problem listed on the form, like a roof leak or plumbing issue, it still needs to be reported.
Minimizing or softening the truth: Downplaying a defect can expose you to legal risk if the buyer later discovers the issue was worse than you initially led them to believe.

What if you fail to disclose something important?

If you fail to disclose a known material fact about your Nevada home, the buyer may have grounds to cancel the contract or sue you after the sale. In some cases, nondisclosure can be considered fraud under Delaware law, particularly if the omission appears intentional. Being upfront early in the process helps prevent bigger headaches later.

When and how buyers review the disclosure

Under Delaware’s standard purchase contract, you’re expected to provide a completed Seller’s Disclosure of Real Property Condition Report before the buyer makes an offer to purchase.

Partner with a top Delaware agent to protect your sale

Disclosing your home’s condition is one of the most important — and legally sensitive — parts of the selling process in Delaware. A top local agent can help you understand what’s required, avoid common pitfalls, and provide expert guidance so you can complete the Seller’s Disclosure of Real Property Condition Report accurately and confidently.

Unsure where to start? HomeLight’s free Agent Match platform connects you with trusted real estate agents in your Delaware market. We analyze over 27 million transactions and thousands of reviews to determine which agent is best for you based on your goals and selling timeline.

You’ll find more helpful guides in HomeLight’s Delaware Seller Resource Center.

See the top real estate agents in 10 Delaware markets:

If you’re buying and selling at the same time, check out HomeLight’s Buy Before You Sell program, which can streamline the entire process so you only move once. Watch this short video to see how it works.

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