Delaware Seller's Disclosure of Real Property Condition Report

Property Address: [[Property Full Street Address, City, Delaware, ZIP Code]]
Seller Name(s): [[Seller Full Legal Name(s)]]
Buyer Name(s): [[Buyer Full Legal Name(s)]]
Date of This Disclosure: [[Disclosure Completion Date]]
Year Property Built: [[Year Built, important for lead-based paint rules]]

Pursuant to the Delaware Seller Disclosure of Real Property Condition Act (6 Del. C. § 2571, 2577), a seller of residential real property must disclose in writing all known material defects in the condition of the property. The Delaware Real Estate Commission has promulgated a standard form or forms for this purpose. This document follows that mandatory framework and includes the required categories of disclosure plus the separate federal lead-based paint disclosure for pre-1978 housing.

Completion of this form is a good-faith effort by the Seller. It is not a warranty and does not replace the Buyer's right and responsibility to conduct independent inspections. Fraudulent concealment or material misrepresentation may give rise to legal remedies, including rescission of the sale.

1. Delaware Mandatory Disclosure Framework (6 Del. C. § 2571 et seq.)

Delaware requires sellers to complete the standard Seller's Disclosure of Real Property Condition Report (the form approved and updated by the Delaware Real Estate Commission) before or at the time an offer is made or accepted, as applicable under the statute and Commission rules.

Key requirements:
- Seller must disclose all known material defects affecting the structural integrity or systems of the property.
- "Material defect" means a condition that would have a significant adverse effect on the value of the property or that presents an unreasonable risk to people on the property.
- The disclosure must be updated if material changes occur before final settlement.
- The completed and signed form becomes part of the Agreement of Sale.
- Buyer has the right to conduct inspections; a typical inspection contingency period is 10 days (negotiable).

Seller represents that the answers below are true and complete to Seller's actual knowledge as of the date of this disclosure. Seller has not conducted testing beyond ordinary observation unless noted.

2. Structural Integrity and Foundation

- Age of structure / major additions: [[Year Built / Description of additions or renovations]]
- Known foundation, slab, or basement wall cracks, settling, shifting, or water intrusion: [[Yes, describe with dates and repairs / No / Unknown]]
Details and location: [[Detailed description or "None known"]]
- Known structural repairs, engineering reports, or permits: [[Yes, attach reports / No]]
- Visible sagging, bowing, or deterioration of floors, walls, or ceilings: [[Yes, describe / No]]

3. Roof, Attic, and Gutters

• Approximate age of roof covering: [[Age in years or "Unknown"]]
• Roof type / material: [[Asphalt shingle / Metal / Tile / Slate / Flat / Other, specify]]
• Known leaks, missing or damaged shingles, flashing issues, or ice dam problems: [[Yes, dates and locations / No / Unknown]]
• Recent roof repairs or replacements (last 10 years): [[Yes, date, scope, contractor / No]]
• Attic insulation and ventilation condition: [[Adequate / Needs repair / Unknown]]
• Gutters and downspouts: [[Functional / Damaged / Missing / Unknown]]

4. Plumbing System

• Type of water service: [[Public / Private well / Other]]
• Known leaks, low pressure, or pipe problems (including supply and waste lines): [[Yes, describe / No / Unknown]]
• Water heater age and condition: [[Age / Fuel type / Known issues or "None"]]
• Septic system or sewer: [[Public sewer / Private septic, last pumped [[Date]] / Shared system]]
• Known septic or sewer backups or failures: [[Yes, describe / No / Unknown]]
• Water treatment systems (softener, filter, etc.): [[Present, describe / None]]

5. Heating, Ventilation, Air Conditioning (HVAC), and Electrical

• Primary heating system type and age: [[Type, e.g., gas forced air / heat pump / oil / electric / age]]
• Central air conditioning or other cooling: [[Yes, age and type / No / Window units only]]
• Known HVAC defects, failures, or recent service: [[Yes, describe / No]]
• Electrical service: [[Amperage if known, e.g., 100A / 200A / Unknown]]; known aluminum wiring, knob-and-tube, or panel problems: [[Describe or "None known"]]
• Known electrical issues (outlets, switches, GFCIs, smoke/CO detectors): [[Yes, describe / No]]

6. Water Supply, Drainage, Flooding, and Moisture

• History of flooding, water intrusion, or drainage problems in basement, crawlspace, or yard: [[Yes, dates, frequency, cause, remediation / No]]
• Sump pump present and operational: [[Yes / No / Unknown]]
• Known mold, mildew, or musty odors: [[Yes, locations and remediation / No]]
• Wetlands, flood zone, or special drainage district: [[Yes, describe / No / Unknown]]
• Recent major weather events affecting the property: [[Describe or "None"]]

7. Environmental Hazards and Conditions

• Known underground storage tanks (fuel oil, propane, etc.): [[Yes, status and location / No / Removed]]
• Hazardous materials, asbestos, lead paint (beyond federal disclosure), radon, or other: [[Disclose known conditions]]
• Past or current use of property for commercial, industrial, agricultural, or other non-residential purposes that may have left contamination: [[Yes, describe / No]]
• Proximity to known environmental sites or landfills: [[Describe or "None known"]]

8. Homeowners Association / Condominium / Common Interest Community

• Property subject to HOA, condominium, or common interest ownership: [[Yes / No]]
• If yes, name of association: [[HOA / Condo Name]]
• Monthly / annual assessments: $[[Amount]] (includes [[what]])
• Known special assessments, pending or planned capital improvements, or litigation involving the association: [[Yes, details / No]]
• Governing documents provided or available: [[Yes, list / No]]

9. Other Known Material Defects or Conditions

List any other material defects, needed repairs, or conditions that a reasonable buyer would consider important in deciding whether to purchase or at what price:

[[Item 1, e.g., "Deck requires structural reinforcement, estimated cost [[amount]]" / "None"]]
[[Item 2]]
[[Item 3]]

Seller has not made any representation about the condition of items not listed above.

10. Federal Lead-Based Paint Disclosure (Required for Housing Built Before 1978)

If the property was built before 1978, federal law (42 U.S.C. § 4852d) requires disclosure of known lead-based paint and/or lead-based paint hazards, provision of the EPA pamphlet "Protect Your Family From Lead in Your Home," and the opportunity for the buyer to conduct a lead-based paint inspection or risk assessment.

• Property built before 1978: [[Yes / No / Unknown, if Yes, complete the rest of this section]]
• Known lead-based paint and/or lead hazards: [[Yes, describe known locations and conditions / No / Seller has no knowledge]]
• Records and reports available to Seller (test results, etc.): [[List or "None"]]
• Seller has provided the required EPA pamphlet: [[Yes / No, must provide before contract]]

Buyer acknowledges receipt of the pamphlet and any records listed above on [[Date]].

Buyer has [[10 days or other negotiated period]] from the date of this disclosure or contract to conduct a lead-based paint inspection or risk assessment at Buyer's expense. Buyer may terminate based on unsatisfactory results within that period.

11. Buyer Inspection Rights and Due Diligence

Buyer is strongly advised to conduct independent inspections of the property (structural, mechanical, roof, environmental, pest, radon, etc.) during any inspection contingency period (commonly 10 days, negotiable). Seller shall provide reasonable access. This disclosure does not limit Buyer's inspection rights under the purchase agreement.

Seller shall maintain utilities in service for inspections as reasonably requested.

12. Seller's Certification and Acknowledgment

I/We, the undersigned Seller(s), certify that the information in this disclosure is true and complete to the best of my/our actual knowledge as of the date signed. I/We understand that this disclosure is required by Delaware law and that failure to disclose known material defects may expose me/us to liability.

SELLER 1

Signature: __________________________________________ Date: _______________

Printed Name: [[Seller 1 Full Legal Name]]

SELLER 2 (if applicable)

Signature: __________________________________________ Date: _______________

Printed Name: [[Seller 2 Full Legal Name]]

13. Buyer Acknowledgment

Buyer acknowledges receipt of this completed Seller's Disclosure of Real Property Condition Report (and lead-based paint information if applicable) on the date indicated. Buyer understands that the information is based on Seller's actual knowledge only and that Buyer should not rely on this disclosure as a substitute for professional inspections.

BUYER 1

Signature: __________________________________________ Date: _______________

Printed Name: [[Buyer 1 Full Legal Name]]

BUYER 2 (if applicable)

Signature: __________________________________________ Date: _______________

Printed Name: [[Buyer 2 Full Legal Name]]

14. Exhibits and Attachments

• Exhibit A, Seller's Disclosure of Real Property Condition Report (standard Commission form pages if additional)
• Exhibit B, Lead-Based Paint Pamphlet (provided separately if pre-1978)
• Exhibit C, Any inspection reports, repair invoices, or environmental test results in Seller's possession: [[List or "None attached"]]
• Exhibit D, HOA documents (if applicable), -

*Sample template for Delaware, not legal advice. This form implements the requirements of 6 Del. C. § 2571, 2577 and federal lead disclosure rules. The Delaware Real Estate Commission may update the official form; use the current Commission-approved version when required. Buyer has inspection rights (commonly 10-day period). Fraudulent concealment voids protections. Verify all facts and current law with a Delaware-licensed real estate attorney or agent before signing any contract. References current as of 2026-06.*