Seller's Disclosure of Real Property Condition Report (Delaware Real Estate Commission form; current standard version dated 9/17/2024). Companion forms: Radon Disclosure; "Radon - Rights, Risks and Remedy for the Home-Buyer" info sheet; New Construction-only version; Vacant Land version; and a Property Condition Report/Radon Disclosure Exemption Certification (effective 8/1/2025). — Delaware Code Title 6, Chapter 25, Subchapter VII - the "Buyer Property Protection Act," 6 Del. C. Sections 2570-2578 (radon-specific duty at Section 2572A). Official current text: delcode.delaware.gov/title6/c025/sc07/
Delaware is NOT a caveat emptor state. It has one of the more extensive mandatory seller-disclosure regimes in the country, codified as the "Buyer Property Protection Act" (6 Del. C. Sections 2570-2578). Sellers of residential real property (1-4 family dwellings, manufactured housing lots, or vacant land zoned residential) must disclose in writing all material defects known when the property is offered for sale or that become known before final settlement. Disclosure must use a standardized form developed and periodically updated by the Delaware Real Estate Commission - unusually broad, with roughly 15 categories and close to 150 individual questions (structural systems, roof, water/well/septic, electrical, HVAC, environmental hazards, land use/zoning, pest history, etc.). Timing: the written disclosure must be prepared before the seller signs the listing agreement, delivered to prospective buyers before they submit an offer to purchase, and updated for material changes up until final settlement. The signed report becomes part of the Agreement of Sale but is explicitly a "good faith" disclosure, not a warranty, and does not substitute for independent inspections. A separate statutory duty (Section 2572A) requires radon disclosure/testing information layered on top of the general material-defect obligation. Federal law separately requires lead-based paint disclosure for homes built before 1978. The regime is actively maintained: the Commission revised the core form as recently as September 17, 2024, and issued an updated disclosure/radon exemption certification form effective August 1, 2025, indicating this is a live, currently enforced framework rather than a static or vestigial one.
No 2025-2026 statutory amendment to the core Buyer Property Protection Act (6 Del. C. Sections 2570-2578) itself was found. The framework remains the same law that has existed for years. However, the implementing forms are actively updated by the Delaware Real Estate Commission: the standard Seller's Disclosure of Real Property Condition Report was revised as of 9/17/2024, and a Seller's Disclosure/Radon Disclosure Exemption Certification form took effect 8/1/2025 - both indicating ongoing regulatory maintenance. Separately, Delaware Senate Bill 201 (153rd General Assembly, 2025-2026) was identified in search results but that bill amends Title 24 real estate broker/wholesaling licensing rules (adds licensing requirements for real-estate wholesaling, raises Guaranty Fund payout caps) - it does NOT amend the Title 6 seller-disclosure statute, so it should not be characterized as a disclosure-law change. Users should verify against delcode.delaware.gov and dpr.delaware.gov/boards/realestate/forms/ for the latest form version before a transaction, since the Commission revises these forms periodically without changing the underlying statute.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.