Selling a home in Delaware in 2026 begins with one document many sellers find intimidating: the Seller's Disclosure of Real Property Condition Report. The current form runs 11 pages, with its latest revision effective August 1, 2026, and includes detailed questions covering everything from property condition, water and environmental concerns to wells, septic systems, mechanical systems and smart-home technology.
Delaware law requires sellers of covered residential property to disclose, in writing, material defects known when the property is offered for sale and those that become known before final settlement. The obligation starts early: the disclosure must be delivered to prospective buyers or their agents before the buyer makes an offer to purchase the property (Delaware Code).
This guide walks you through every section of the 11-page 2026 form, what each question is really asking, and how to prepare your records before your home goes on the market. Team Freebery brings more than 21 years of real estate experience and nearly 1,000 successful transactions helping buyers and sellers throughout Delaware and Pennsylvania. As with any legal document, review the current form with your agent and, where you have doubts, a real estate attorney.
What Is the Delaware Seller's Disclosure?
The Seller's Disclosure of Real Property Condition Report is the state-mandated form sellers use to tell prospective buyers what they know about a property's condition. It applies to residential real property improved by dwelling units for one to four families — the standard single-family home, townhome and small multi-family sale (Delaware Code).
The form is not paperwork to shovel off at closing. Delaware's "Buyer Property Protection Act" makes it a living document: the seller must update it as necessary for any material change that occurs in the property before final settlement (Delaware General Assembly). If a roof leak appears after you accept an offer, you need to tell the buyer.
Why the 2026 Form Is Different
The 2026 disclosure is detailed. Beyond traditional questions about the roof, foundation and heating systems, it addresses electronic and smart door locks, smart cameras and doorbells, smart thermostats, security and monitoring systems, solar equipment and many other aspects of the property.
Completing the Disclosure Based on the Seller's Knowledge
An important point about the form is that sellers answer the questions based on their knowledge of the property.
Depending on the question, the form provides options for Yes, No, Unknown or Not Applicable. Certain answers require additional explanation in the form's Additional Information section. Sellers should not guess when they genuinely do not know an answer — you are not being asked to diagnose the house or act as a contractor, plumber or electrician.
The completed disclosure is a good faith effort by the seller to make the disclosures required by Delaware law. It is not a warranty of any kind, and it is not a substitute for any inspections or warranties that the seller or buyer may wish to obtain (Delaware Code).
What Environmental Disclosures Does the 2026 Form Require?
Environmental and land-condition questions are among the most detailed on the form. Sellers are asked about flood zones and wetlands, drainage or flooding problems, flood insurance and any insurance claims on the property during the previous five years, plus matters such as standing water in the yard after rain.
The environmental section also covers underground storage tanks, asbestos-containing materials, lead hazards, testing for hazardous substances and mold, waste-water spray irrigation systems and, for older homes, the lead-based paint disclosure.
Structural, Occupancy, HOAs and Title Questions
The form's front half is where ownership and community issues live. Sellers are asked how the property is used — primary residence, second or vacation home, rental, inherited property — and about leases, options to purchase, rights of first refusal and rental-management agreements.
Deed restrictions and associations come next. You may need to provide information about whether the property sits in a homeowners association, condominium association, cooperative, civic association or maintenance corporation, along with HOA or condominium fees, assessments, capital contribution fees, unpaid or special assessments, proposed fee increases and rental, pet or fence restrictions.
The title and zoning section asks about easements, rights-of-way, shared maintenance agreements, zoning issues, variances, non-conforming uses and setback violations. It also asks whether the seller participated in certain mortgage or closing-cost assistance programs that may need to be repaid on transfer.
One question deserves extra attention: whether the current real estate tax amount reflects a non-transferable exemption or discount. If a senior or other homestead exemption will not carry over to the buyer, that changes the buyer's true tax picture and matters to the sale.
Termites, Wood-Destroying Insects, Basements and Roofs
The form asks about more than the systems inside the walls. Sellers answer about current and previous termite or other wood-destroying insect infestations, inspections, damage and treatments, along with other insect infestations, wildlife damage and even the presence of bat colonies.
Basement and crawl space water problems get their own attention. You will be asked whether there is or has ever been water leakage, accumulation or dampness in a basement, crawl space or other interior area — plus whether repairs were attempted and whether cracks or bulges exist in floors or foundation walls.
The roof section covers when the roof surface was last installed, how many layers of roofing material are present, and any problems with the roof, flashing, gutters or skylights. If roof problems were repaired during your ownership, the form may require an explanation.
Plumbing, Wells and Septic Systems
The plumbing and water section contains detailed questions. Sellers may need to provide information about the drinking water source, water treatment systems, private wells, the type of water-supply and drainage piping, water heater age and type, plumbing leaks and backups, and any upgrades and the permits behind them.
For properties served by private well or septic systems, the form asks additional questions, including well testing, public or community sewer systems, septic systems, septic pumping and inspections, and the number of bedrooms a septic system is permitted to service. Irrigation systems round out the section.
If you have serviced your septic tank or had a well tested during ownership, this is exactly the record that makes the disclosure quick to complete with accurate information.
Heating, Cooling, Electrical and Smart-Home Systems
The mechanical-systems section walks through the property's comfort and power infrastructure. Sellers are asked for the heating-system type, fuel type and provider, the approximate furnace age and date of last service — and, on the cooling side, the air-conditioning type, its approximate age, and any upgrades or additions with their permits.
The electrical portion asks about the electrical provider, the type of wiring, amperage, circuit breakers or fuses, and known electrical problems. It also covers generators, solar and wind-powered systems, and whether required electrical permits were obtained and closed.
The appliance and smart-home list is where the 2026 form feels distinctly current. Alongside ranges, refrigerators, dishwashers, washers, dryers, water heaters and sump pumps, sellers answer about electronic or smart door locks, smart cameras and doorbells, smart thermostats, security and monitoring systems, and solar equipment. The Agreement of Sale ultimately governs which items stay with the house — but the disclosure captures which ones are in working order.
Preparing to Complete the Delaware Seller's Disclosure
Before you start, it helps to gather records you already have from your time in the home. These are the materials that make the form quicker to complete and more reassuring to a buyer: repair and improvement records, permits and warranties, proof of roof replacement, HVAC service history, pest treatments, septic inspections and pumping, well testing results, and any HOA or condominium information.
You are not required to possess records the form does not ask for. The goal is to answer accurately from what you have on hand, not to commission new reports before you list.
The Seller's Disclosure Is Not a Home Inspection or Warranty
The completed disclosure is a statement of what the seller knows, not a professional diagnosis. Delaware law treats it as a good faith effort by the seller to make the required disclosures; it is not a warranty of any kind and is not a substitute for any inspections or warranties that a seller or buyer may wish to obtain (Delaware Code).
A home inspection and a professional evaluation of the property's systems still serve an important purpose in a transaction. The disclosure does not replace them.
When the Disclosure May Need to Be Updated
The disclosure is not a one-time document. Delaware law requires sellers to disclose material defects known when the property is offered for sale and those that become known before final settlement, and the disclosure must be updated as necessary for any material changes occurring in the property before final settlement (Delaware Code).
If a roof leak appears after you accept an offer, the buyer needs to know before the deal closes.
Thinking About Selling Your Delaware Home?
Preparing to sell involves much more than putting a sign in the yard. Team Freebery brings more than 21 years of real estate experience and nearly 1,000 successful transactions to help guide sellers from preparing their home for the market through settlement.
Real Estate At Your Pace.
www.teamfreebery.com · 302-420-8606
This information is provided for general informational purposes and is not legal advice. Real estate transactions and property conditions vary. Sellers and buyers should review the current Delaware Seller's Disclosure of Real Property Condition Report and consult appropriate legal or other professionals when necessary.
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