Delaware law generally requires sellers of covered homes to disclose known material defects before closing. These rules help buyers understand the home’s condition and can help sellers avoid disputes later.
What must sellers disclose?
Sellers should disclose defects that could affect the value, safety or use of the property. Common examples include:
- Foundation problems
- Roof leaks
- Water intrusion
- Plumbing issues
- Electrical problems
- Heating or cooling defects
Sellers should answer the disclosure form honestly based on what they actually know. If a problem was repaired, it may still need to be disclosed if it is relevant to the home’s condition.
Do buyers still need an inspection?
Yes. The disclosure form does not replace a home inspection. Buyers should still inspect the property before closing so they can look for issues that may not be obvious from the seller’s answers.
What if a seller fails to disclose a defect?
A missed disclosure may lead to a dispute or legal claim, depending on the facts. A buyer may need to show that the seller knew about the problem and failed to disclose it as required.
If you find a possible undisclosed defect, save the disclosure form, photos, repair records and any messages with the seller. Those records may help show what the seller knew and when.
How can sellers reduce risk?
Sellers can reduce problems by:
- Completing the disclosure form carefully
- Reporting known defects honestly
- Updating the form if something changes before closing
- Keeping repair and inspection records
Because the rules can vary by property and transaction type, a Delaware real estate attorney can help explain what disclosure duties apply.