Delaware Seller’s Disclosure Obligations
Selling your home is one of the most important -and often times confusing- transactions you’ll ever engage in, in your life. Sellers in Delaware will, among a host of other things, be required to make disclosures to a buyer. Sellers are required to tell buyers of any known material defects, even if they are not outright visible to the buyer. They must also advise of any structural problems or other problems that may affect the habitability of the home. Buyers should be able to understand the condition of the property before closing on it, so sellers are seriously discouraged from hiding any flaws or problems from a potential buyer. The seller should also provide the buyer with any information on radon tests or inspections.
What Information About My Home Do I Have to Disclose to a Buyer?
There are a number of items that a seller should disclose to a potential buyer in a real estate transaction. In Delaware, sellers provide the buyer with a Seller’s Disclosure of Real Property Report. This report consists of a series of questions, over 100, that ask about the property’s condition. Some of the areas covered on the form include:
- Structural condition/issues;
- Roof condition/issues;
- Foundation issues;
- Basement issues (if applicable);
- Pest infestations;
- Plumbing issues;
- Electrical issues;
- Radon hazards;
- Fire damage (past or present);
- Water or sewage issues; and/or
- Water/flood damage (past or present).
What Happens if I Don’t Disclose Something That is Later Found By Buyer?
Failure of a seller to disclose to a buyer may lead to big problems. If the failure to disclose was purposeful, that could create legal problems for the seller. However, it could also be an honest mistake. Unfortunately, some defects or issues may be hard to find or not noticeable to people who are not trained to notice such issues.
If you are selling or considering selling your home, you should consult with an experienced real estate attorney who can provide you with assistance in your legal matter.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced attorneys throughout the states of New Jersey and Delaware. Please contact the office for a free initial consultation and get any questions answered regarding your specific case.