2019 Delaware Code
Title 25 - Property
Chapter 3. Titles and Conveyances
§ 313 Contract for sale of unimproved real estate; notice to buyer of public sewerage and water facilities.

Universal Citation: 25 DE Code § 313 (2019)

Every contract for the sale of unimproved real estate located in the State shall have the following notice provision appear conspicuously therein:


If the property being purchased hereunder is an unimproved parcel of land, buyer should consult with the appropriate public authorities to ascertain whether central sewerage and water facilities are available, or, if not, whether the property will be approved by appropriate public authorities for the installation of a well and private sewerage disposal system. If central sewerage and water facilities are not available, then this Contract is contingent upon:
(1) a satisfactory site evaluation that will allow the installation of an approved on-site disposal system, in accordance with the regulations promulgated by the Department of Natural Resources & Environmental Control, that is acceptable to the buyer; (2) the availability of a water supply; and (3) the lot conforming with the local zoning ordinance; or this Contract shall become null and void and all deposits shall be returned to the buyer. The (buyer/sellers/authorized agent) ______ shall request the site evaluation on or before (date) ______. (Buyer/Seller) ______ shall pay all costs of complying with these provisions. The buyer and seller may modify these provisions or the buyer may waive these provisions of the Contract by attaching an addendum signed by the seller and the buyer.”

65 Del. Laws, c. 306, § 1; 66 Del. Laws, c. 396, § 1.

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