Delaware Property Disclosure Laws

For Sellers

Delaware treats a death (homicide, suicide, or natural) as a psychologically-impacting event that is not a material fact; sellers have no duty to disclose it (24 Del.C. 2927), though they must answer a buyer's written request truthfully.

Statute: Del. Code tit. 6, § 2572

1. Check your state seller disclosure form — answer every question truthfully, even if the specific event is not listed.
2. When in doubt, disclose in writing. Nondisclosure claims are harder to defend than disclosure complaints.
3. Consult a licensed real estate attorney in your state before listing if a biohazard event occurred on the property.

For Landlords

Death disclosure to tenants: Not required. Biohazard/meth disclosure: Not specifically required; general habitability rules still apply. Bedbug disclosure: Not required by state law. Federal lead paint disclosure applies to pre-1978 housing in all states.

1. Review your state landlord-tenant act for disclosure obligations before advertising the unit.
2. Keep written documentation of any remediation performed, including certificates from licensed biohazard contractors.
3. When a prospective tenant asks about a past incident, answer truthfully — silence in response to a direct question can be actionable.

Delaware Disclosure FAQ