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Sellers Disclosure of Real Property Condition Report

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Seller’s Disclosure of Real Property Condition Report

State of Delaware

Approved by the Delaware Real Estate Commission 5/11/17 (effective 10/1/17)

Seller(s) Name:

Property Address:

Approximate Age of Buildings(s):

Date Purchased:

Chapter 25, Title 6 of the Delaware Code, requires a Seller of residential property to disclose in writing all material defects of the property that are known at the time the property is offered for sale or that are known prior to the time of final settlement. Residential property means any interest in a property or manufactured housing lot, improved by dwelling units for 1-4 families. The disclosure must be made on this Report, which has been approved by the Delaware Real Estate Commission, and shall be updated as necessary for any material changes occurring in the property before final settlement. This Report shall be given to all prospective Buyers prior to the time the Buyer makes an offer to purchase. This Report, signed by Buyer and Seller, shall become a part of the Agreement of Sale. This Report is a good faith effort by the Seller to make the disclosures required by Delaware law and is not a warranty of any kind by the Seller or any Agents or Sub-Agents representing Seller or Buyer in the transfer and is not a substitute for any inspections or warranties that the Seller or Buyer may wish to obtain. The Buyer has no cause of action against the Seller or Real Estate Agent for material defects in the property disclosed to the Buyer prior to the Buyer making an offer; material defects developed after the offer was made but disclosed in an update of this Report prior to settlement, provided Seller has complied with the Agreement of Sale; or material defects which occur after settlement.

State websites containing helpful information include: Office of State Planning Coordination, Delaware Department of Natural Resources and Environmental Control, Delaware Division of Public Health, Delaware State Police Sex Offender Registry, and other agencies listed on Delaware.gov.

Instructions: Write in U if Unknown or NA if Not Applicable, otherwise mark either the Yes or No column. Where selections are requested, place a check mark next to each correct answer or fill in the correct answer. Certain answers require a further explanation in Section XVI.

I. OCCUPANCY

1. Do you currently occupy this property full-time? If No, how long has it been since you occupied the property? . Property is your: Primary Residence Second / Vacation Home Rental Property Inherited Property Other

2. Is the property encumbered by a lease, option to purchase, or first right of refusal? If Yes, describe in XVI.

3. If the property is leased, have all necessary permits / licenses been obtained?

4. Is the property new construction?

5. If #4 is Yes, Seller warrants that the property is or is not exempt from providing the buyer with a Public Offering Statement...

II. DEED RESTRICTIONS, HOMEOWNERS ASSOCIATIONS / CONDOMINIUMS AND CO-OPS

6. Is the property subject to any deed restrictions?

7. Are you in violation of any deed restrictions at this time?

8. Is the property subject to any agreements concerning affordable housing or workforce housing?

9. Is the property subject to any private or public architectural review control other than building codes?

10. Is the property part of a condominium or other common ownership?

11. Is there a Homeowners Association, Condominium Association, Civic Association, or Maintenance Corporation included in the deed?

12. Is there a capital contribution fee due by a new owner to the Association? If yes, how much?

13. If #12 is Yes, are there any fees, dues, assessments, or bonds involved? If yes, how much? and how often? . Are they Mandatory or Voluntary?

14. Are there any unpaid assessments? If yes, indicate amount

15. Has there been a special assessment in the past 12 months?

16. Have you received notice of any new or proposed increases in fees, dues, assessments, or bonds?

17. Is there any condition or claim which may result in an increase in assessments or fees?

18. Management Company Name:

19. Representative Name: Phone #:

20. Representative E-mail Address:

III. TITLE / ZONING INFORMATION

21. Does the amount owed on your mortgages and other liens exceed the estimated value of the property? If yes, are additional funds available from Seller for settlement?

22. Is your property owned In fee simple, Leasehold, or Cooperative?

23. Are there any right-of-ways, easements, or similar matters that may affect the property?

24. Are there any shared maintenance agreements affecting the property?

25. Are there any variance, zoning, non-conforming use, or setback violations?

26. Has the variance or non-conforming use expired or would not be transferable?

27. Has a title policy been issued on the property in the past 5 years?

IV. MISCELLANEOUS

28. Have you received notice from any local, state, or federal agencies requiring repairs, alterations, or corrections of any existing conditions?

29. Is there any existing or threatened legal action affecting this property?

30. Are there any violations of local, state, federal laws, or regulations relating to this property?

31. Does your current real estate tax amount reflect any non-transferrable exemptions – discounts?

32. Is there anything else you should disclose to a prospective Buyer because it may materially and adversely affect the property?

33. Are all the exterior door locks in the house in working condition?

34. Will keys be provided for each lock?

35. Have you had, or do you now have, any animals (pets) in the house? If yes, what type?

36. Is there or has there ever been a swimming pool, hot tub, spa, or whirlpool on the property?

37. If there is a pool, does it conform to all local ordinances?

38. What is the type of trash disposal? Private, Municipal, or Other

V. ENVIRONMENTAL HAZARDS

41. Are there now or have there been any underground storage tanks on the property? For heating fuel, propane, septic, or Other

42. If the tank was abandoned, was it done with all necessary permits and properly abandoned?

43. Are asbestos-containing materials present?

44. Are there any lead hazards?

45. Has the property been tested for toxic or hazardous substances?

46. Has the property ever been tested for mold?

47. Is there currently mold in the property?

48. Has the illegal manufacture, storage, or use of methamphetamines occurred in the property?

VI. LAND (SOILS, DRAINAGE, AND BOUNDARIES)

49. Is there fill soil or other fill material on the property?

50. Are there any sliding, settling, earth movement, upheaval, earth stability, or methane gas release problems?

51. Is any part of the property located in a flood zone and / or a wetlands area?

52. Are there any drainage or flood problems affecting the property?

53. Do you carry flood insurance? Agent: Policy #:

54. If #53 is Yes, what is the annual cost of this policy?

55. Have you made any insurance claims on the property in the past 5 years?

56. Does the property have standing water in front, rear, or side yards for more than 48 hours after raining?

57. Are there encroachments or boundary line disputes affecting the property?

58. Are there any tax ditches crossing or bordering the property?

59. Are there any swales crossing the property under the control of a Soil and Conservation District?

60. Has the property ever been surveyed?

61. Are the boundaries of the property marked in any way?

VII. STRUCTURAL ITEMS

62. Have you made any additions or structural changes?

63. If yes, was all work done with all necessary permits and approvals in compliance with building codes?

64. Is there any movement, shifting, or other problems with walls or foundations?

65. Have the property or improvements thereon ever been damaged by fire, smoke, wind, or flood?

66. Was the structure moved to this site? Double Wide Modular Other

67. Is there any past or present water leakage in the house?

68. Are there any problems with driveways, walkways, patios, or retaining walls on the property?

69. Have there been any repairs or other attempts to control the cause or effect of problems described in questions 67 and 68?

70. Is there insulation in the ceiling / attic, the exterior walls, or other places?

71. Are there any drywall issues or drywall smells?

VIII. TERMITES, DRYROT, PESTS

72. Is there, or has there been, any infestation by termites or other wood destroying insects?

73. Is there or has there been any damage to the property caused by termites, other wood destroying insects, pests, or dry rot?

74. Has there been any termite or other wood destroying insect inspections made on the property subsequent to your purchase?

75. Has there been any pest control inspections made on the property subsequent to your purchase?

76. Has there been any termite or wood destroying insect treatments made on the property?

77. Has there been any pest control treatments made on the property?

78. Is your property currently under warranty, or other coverage, by a professional pest control company? Name of exterminating company:

IX. BASEMENT AND CRAWL SPACES

79. Does the property have a sump pump? If yes, where does it drain?

80. Is there any water leakage, accumulation, or dampness within the basement or crawlspace?

81. Has there been any repairs or other attempts to control any water or dampness problem in the basement or crawlspace?

82. Are there any cracks or bulges in the floor or foundation walls?

X. ROOF

83. Date last roof surface installed:

84. How many layers of roof material are there?

85. Are there any problems with the roof, flashing, or rain gutters?

86. If under warranty, is warranty transferable?

87. Where do your gutters drain? Surface Drywell Storm Sewers Other

XI. PLUMBING-RELATED ITEMS

88. What is the drinking water source?

89. If drinking water supplied by utility, name of utility:

90. What type of plumbing is in the house? Water supply Drainage

91. Have there been any additions / upgrades to the original service?

92. If any, was the work done by a licensed contractor?

93. If yes to above, were the required permits obtained?

94. If your drinking water is from a well, when was your water last tested and what were the results of the test? Tested on: Results:

95. When was well installed? Location of well? Depth of well?

96. Is there a water treatment system? If yes, Leased or Owned?

97. What is the type of sewage system? Public Sewer Community Sewer Septic System Cesspool Other

98. If a septic system, type: Gravity Fed Capping Fill LPP Mound Holding Tank Other

99. Has the septic system been pumped out by a Class F contractor and inspected by a Class H inspector within the past 36 months?

100. Is there a wastewater spray irrigation system installed on or adjacent to the property?

101. Has a soil / site evaluation ever been done? If yes, when? Results?

102. Any leaks, backups, or other problems relating to any of the plumbing, water, and sewage related items?

103. Are there any shut off, disconnected, or abandoned wells, underground water, or sewer tanks on the property?

104. If #103 is Yes, were they abandoned with all necessary permits and properly abandoned?

105. Water heater type: Electric Oil Gas Other

XII. HEATING AND AIR CONDITIONING

106. How many heating and / or air conditioning zones are in the property?

107. What is the type of heating system and fuel? System: Fuel:

108. Age of furnace? Date of last service?

109. Are there any contractual obligations affecting the fuel supply, tanks, or systems?

110. What is the type of air conditioning system?

111. Age of air conditioning system? Date of last service?

112. Has there been any additions / upgrades to the original heating or air conditioning?

113. If question 112 is Yes, was work done by a licensed contractor?

114. If yes to the above, were the required permits obtained?

115. Are there any problems with the heating or air conditioning systems?

XIII. ELECTRICAL SYSTEM

116. What type of wiring is in the house?

117. What amp service does it have? 60 100 150 200 Other Do you have Circuit Breakers or Fuses?

118. Does it have any 220 / 240-volt circuits?

119. Do fuses blow or circuit breakers trip when two or more appliances are being used at the same time?

120. Have there been any additions to the original service?

121. Have any solar and / or wind power enhancements been made to supplement service?

122. If yes to questions 120 or 121, was work done by a licensed electrician?

123. If yes to the above, were the required permits obtained?

124. Are there wall switches, light fixtures, or electrical outlets in need of repair?

125. Are the permits associated with questions 63, 93, 114, and 123 closed?

XIV. FIREPLACE OR HEATING STOVE

126. Fireplace Type: Wood Burning Gas Insert Other

127. Heating Stove type: Wood Burning Pellet Other

128. Was the fireplace or heating stove part of the original house design?

129. Was the fireplace or heating stove installed by a professional contractor or manufacturer’s representative?

130. Are there any problems?

131. When were the flues / chimneys last cleaned, serviced or repaired?

XV. MAJOR APPLIANCES AND OTHER ITEMS

(A) Are you aware of any problems affecting the following areas? If yes, describe in XVI.

Ceilings Yes No NA

Floors Yes No NA

Patios / Decks / Porches Yes No NA

Exterior Walls Yes No NA

Interior Walls Yes No NA

Windows Yes No NA

Driveways Yes No NA

Outside Walkways Yes No NA

XVI. ADDITIONAL INFORMATION

If you were directed to this section to clarify an answer, or if you indicated there is a problem with any of the items in sections I through XV, provide a detailed explanation below, or on additional sheet(s). Attach additional sheets if needed.

Are there additional problems, clarification, or document sheets attached? No Yes

Number of Sheets Attached .

Seller Acknowledgment

Seller has provided the information contained in this report. This information is to the best of Seller’s knowledge and belief is complete, true, and accurate.

Seller Date

Seller Date

Seller Date

Seller Date

Date the contents of this Report were last updated:

Buyer Acknowledgment

Buyer is relying upon the above report, and statements within the Agreement of Sale, as the representation of the condition of property, and is not relying upon any other information about the property.

Buyer Date

Buyer Date

Buyer Date

Buyer Date

Radon Disclosure

Property Address:

Seller’s Disclosure

Delaware law requires that the seller of any interest in residential real property that includes a dwelling must provide the buyer with any information about any known radon. Sellers also must disclose any tests or inspections for radon in the seller’s possession.

1. Are you aware of the presence of radon in the property identified above? Yes No

2. Are you aware of any radon tests or inspections that have been performed on the property identified above? Yes No

3. If you responded “yes” to Question 2 above, have you provided the buyer(s) with copies of all radon tests and/or inspection reports in your possession? Yes No

4. Identify each report referred to in Question 3, including the date of each report:

By signing this form, the seller(s) acknowledge(s) the following:

I/we have been informed of my/our obligation and am/are aware of my/our responsibility to comply with Delaware law regarding radon disclosure, as provided in Title 6, Chapter 25, Section 2572A of the Delaware Code.

Seller Date

Seller Date

Buyer Date

Buyer Date

RADON Rights, Risks and Remedy for the Home Buyer

This information has been compiled by the Delaware Department of Health and Social Services’ Division of Public Health in conjunction with the Delaware Real Estate Commission to comply with Chapter 25, Title 6, Delaware Code §2572A - Radon Testing and Disclosure.

What are my rights regarding radon and purchasing a home? A buyer of a home in Delaware has the right to know if the property has been tested for radon and the results of that testing. The buyer also has the right to have the property tested for radon prior to settlement.

What is radon? Radon is a radioactive gas. It is colorless, odorless, tasteless, and chemically inert.

What health effects are associated with radon exposure? The Surgeon General has warned that radon is the second leading cause of lung cancer in the United States.

What is the "acceptable" level of radon in air? EPA recommends homes be fixed if an occupant's long-term exposure will average 4 picocuries per liter (pCi/l) or higher.

Why should I test my home for radon? Nearly one out of every 12 homes in Delaware has a radon level of 4 pCi/L or greater.

What can be done to reduce radon in a home? In most cases, simple systems using an underground pipe and an exhaust fan are used to reduce radon.

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What the Sellers Disclosure of Real Property Condition Report Is

The Sellers Disclosure of Real Property Condition Report is a seller-completed document that identifies known material defects, prior repairs, and general condition information about a residential property. It is used in U.S. real estate transactions to inform prospective buyers, satisfy statutory or contractual disclosure obligations, and reduce post-closing disputes. Formats vary by state and brokerage form sets; some jurisdictions require specific statutory language or supplemental disclosures (for example, lead-based paint for pre-1978 homes). The report is factual in scope: sellers disclose what they know rather than certify the absence of latent defects.

Why the Sellers Disclosure Matters to Transactions

A clear Sellers Disclosure reduces legal risk, supports informed buyer decisions, and documents seller knowledge before closing. Accurate disclosures can limit post-closing claims and provide evidence of good-faith compliance with state disclosure laws.

Why the Sellers Disclosure Matters to Transactions

Core Components of a Professional Sellers Disclosure

A complete Sellers Disclosure organizes factual items, exceptions, and seller acknowledgements so buyers and agents can quickly assess property condition and known risks.

Identification

Property address, parcel or tax ID, seller and listing agent names, and transaction reference numbers for unambiguous identification of the subject property.

Structural Items

Known issues with foundation, roof, walls, or other load-bearing elements, including dates and descriptions of repairs or recurring problems.

Systems & Utilities

Condition and age of HVAC, plumbing, electrical systems, water heater, and evidence of past failures or service history where known.

Environmental & Safety

Known presence of lead-based paint, asbestos, mold, radon, or other environmental hazards and any mitigation steps taken.

Appliances & Fixtures

Status of included appliances, built-in equipment, and fixtures; note whether items are operable, under warranty, or excluded from sale.

Seller Certifications

Seller signature, date, and a statement attesting to the accuracy of disclosures to the seller's best knowledge and belief.

Required Information and Typical Fields

Seller Name: Full legal name(s) of seller(s)
Property Address: Street, city, state, ZIP
Effective Date: Date the disclosure was completed
Known Defects: Short list or narrative of material issues
Prior Repairs: Dates and descriptions of significant repairs
Signatures: Seller signature(s) and date

Step-by-Step: Filling Out the Sellers Disclosure

Follow these sequential steps to complete, verify, and deliver the disclosure during a sale.

  • 01
    Prepare: Gather records: inspection reports, repair receipts, permits.
  • 02
    Complete Fields: Enter identification, condition, repairs, and exceptions.
  • 03
    Review: Check for accuracy and consistency with other transaction documents.
  • 04
    Sign & Deliver: Sign, date, and provide to buyer and escrow per contract.

How to Customize and Complete the Disclosure Online

Set up a digital workflow so the disclosure is complete, authenticated, and routed to the correct parties.

Field Configuration
Property ID Auto-fill from MLS or upload CSV
Conditional Sections Show environmental fields only for pre-1978 homes
Signer Authentication Use email + SMS code or ID verification
Distribution Send copies to buyer, agent, and escrow automatically

Where to File, Send, or Submit the Disclosure

Distribute the completed disclosure to the parties specified in the purchase agreement and retain a copy for your records.

  • Buyer: Deliver signed copy to buyer or buyer's agent promptly
  • Listing & Selling Agents: Upload to transaction file or MLS if required
  • Escrow/Title: Provide to escrow or title company for closing
  • Seller Records: Retain original for the recommended retention period

Digital Signing and eSubmission Considerations

Ensure the eSignature platform supports required authentication, audit trails, and record retention for real estate disclosures.

  • Authentication: Email + SMS code or stronger multi-factor
  • Audit Trail: IP, timestamp, and action log retained
  • File Formats: PDF/A or PDF with embedded audit certificate

Key Timing and Deadline Considerations

Certain disclosures must be delivered by contract deadlines or statutory timelines; late delivery can give buyers remedies depending on state law and the purchase agreement.

Contractual Delivery:

Meet dates specified in purchase agreement, often before inspection period

Pre-Offer Disclosures:

Some states require disclosure documents before buyer's offer in resale listings

Renegotiation Window:

Buyers commonly have 3–14 day inspection/rescission windows per contract

Closing Package:

Provide final signed disclosure to escrow for closing packet

Record Retention:

Keep executed copies per retention guidance in this page

Transaction Milestones Where the Disclosure Matters

Track these sequential milestones to ensure the disclosure is completed and available when needed during the sale process.

01

Listing Preparation

Complete disclosure as part of pre-listing documentation for agent review

02

Offer Stage

Make disclosure available to prospective buyers before or with an offer

03

Inspection Period

Buyers compare disclosure to inspection findings and request repairs

04

Closing

Include final signed disclosure in escrow and closing documents

Common Mistakes to Avoid When Preparing the Disclosure

  • Omitting repairs or dates, which can lead to disputes or claims
  • Using vague language like 'works sometimes' instead of precise descriptions
  • Failing to sign or date the document correctly before delivery
  • Not retaining a copy or audit trail of the delivered disclosure

Penalties and Legal Risks of Inaccurate Disclosures

Contract Rescission: Buyer may rescind or seek contract remedies
Monetary Damages: Liability for repair costs or reduced value
Fraud Claims: Intentional misrepresentation can lead to punitive damages
Closing Delays: Title/escrow may delay if disclosures are incomplete
Regulatory Penalties: State statutes can impose fines for willful nondisclosure
Insurance Issues: Claims may be affected if material defects were concealed

Real-World Examples of Disclosure Use

Practical scenarios show how disclosures influence negotiations and closing outcomes in typical transactions.

Case Study 1

A seller disclosed a roof leak repaired two years earlier

  • Buyer requested inspection and credit
  • The transaction closed with a $2,000 repair credit and no subsequent claim.

Case Study 2

An agent uploaded the completed disclosure to escrow at contract acceptance

  • Inspection revealed unrelated defects
  • Clear disclosure limited seller liability during post-closing dispute resolution.

Who Typically Signs the Sellers Disclosure

Seller / Co-owner

The individual(s) holding legal title must sign. If multiple owners exist, each should sign unless the document permits a single signatory with power of attorney.

Authorized Representative

An attorney-in-fact or corporate officer may sign if valid power of attorney or corporate resolution is attached and indicates authority to complete real estate transactions.

eSignature Pricing Comparison for Completing Disclosures

Basic vendor pricing and feature availability for common eSignature providers; signNow is listed first per comparison conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions and Troubleshooting

Answers to common questions about completing, signing, and storing the Sellers Disclosure of Real Property Condition Report.


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