2015 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 25. PROHIBITED TRADE PRACTICES
Subchapter VII Buyer Property Protection Act
§ 2572 Disclosure of material defects.

(a) Except as excluded by § 2577 of this title hereof, a seller transferring residential real property shall disclose, in writing, to the buyer, agent and subagent, as applicable, all material defects of that property that are known at the time the property is offered for sale or that are known prior to the time of final settlement.

(b) This disclosure shall be made in writing before the seller signs the listing agreement and shall be updated as necessary for any material changes occurring in the property before final settlement.

69 Del. Laws, c. 86, § 2.;

§ 2572A Radon testing and disclosure.

(a) Except as excluded by § 2577 of this title, every purchaser of any interest in residential real property on which a residential dwelling exists shall be notified that said property may present the potential for exposure to radon.

(b) Except as excluded by § 2577 of this title, the seller of any interest in residential real property on which a residential dwelling exists is required to provide the buyer with any information on radon from tests or inspections in the seller's possession, and notify the buyer of any known radon hazards.

(c) The Department of Health and Social Services shall develop the content of written information that the selling broker shall provide to the buyer of any interest in residential real property on which a residential dwelling exists. The information shall describe potential hazards of exposure to radon, testing for radon and radon remediation.

(d) The Delaware Real Estate Commission shall develop a form that will document that subsections (a), (b) and (c) of this section have occurred. The form shall be utilized for every transfer of residential real property as described in this section and shall include:

(1) The property address;

(2) The seller's disclosure of the presence of radon hazards, if known;

(3) The buyer's acknowledgement that information about radon was received;

(4) The buyer's acknowledgement of that buyer's option to test for radon;

(5) The seller's acknowledgement that the seller has been informed of the seller's obligation and is aware of that seller's responsibility to ensure compliance with this section; and

(6) Signatures of the buyer and seller attesting to the above and the date so signed.

75 Del. Laws, c. 360, § 1; 70 Del. Laws, c. 186, § 1.;