contracts

Seller's Disclosure of Real Property Condition Report (Delaware)

Under Delaware's Buyer Property Protection Act (6 Del. C. §§2570-2578), a seller of 1-4 family residential property, manufactured housing lots, or residential vacant land must disclose all known material defects in writing before signing the listing agreement, updating the report for material changes until settlement. The buyer must receive it before making an offer, and once signed by both parties it becomes part of the agreement of sale. It is not a warranty. New construction without a certificate of occupancy uses a New Construction Condition Report.

Exam tip
Two clocks: seller discloses before signing the listing, and the buyer receives the report before making an offer.
Example
A Dover seller notes a leaking basement before listing, then updates the report after a storm cracks a window. The buyer cannot later sue over either disclosed defect.

Related terms & state variants

Sources

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Last verified: 2026-10-23