Delaware Real Estate Purchase and Sale Agreement (Investor PDF)
An investor-ready purchase and sale agreement drafted for Delaware transactions, plus a plain-English summary of what Delaware law expects in a residential purchase contract. Free PDF, no signup required.
Delaware Purchase and Sale Agreement
Free PDF • Updated July 2026
Part of our free real estate investor forms library.
What Delaware Requires in a Purchase Contract
These are the contract and disclosure requirements our research identified for Delaware residential transactions, with statute citations. Requirements change; always confirm the current rule before closing.
Seller's Disclosure of Real Property Condition Report (Buyer Property Protection Act)
6 Del. C. ss.2570-2578
Mandatory written disclosure of all known material defects on the Delaware Real Estate Commission's standard form, provided to the buyer BEFORE the buyer makes an offer, and updated for changes before final settlement; disclosure is a good-faith statement, not a warranty; buyer claims barred for properly disclosed defects.
Applies to: all residential 1-4 units and vacant residentially-zoned land marketed for 1-4 family dwellings; includes sale, exchange, installment contract, lease-option, ground lease (exempt: court-ordered/fiduciary transfers, foreclosure/sheriff sales, deed in lieu, co-owner and family transfers, government transfers)
Radon Testing and Disclosure
6 Del. C. s.2572A
Seller must give the buyer any radon test/inspection information in the seller's possession and disclose known radon hazards; every buyer must be notified the property may present potential radon exposure; broker provides the DHSS radon brochure; acknowledgment documented on a Real Estate Commission form.
Applies to: all residential 1-4 units (same scope/exemptions as the disclosure act)
Fire sprinkler / street repair statements on disclosure form Verbatim language required
6 Del. C. s.2578(b)-(c)
The Commission's disclosure form for new construction must state that fire sprinkler/suppression systems may be available (with State Fire Marshal website reference), and all forms must include checkbox disclosure of responsibility for street repair costs.
Applies to: disclosure form (new construction sprinkler statement; street-repair item on all forms)
Lead-Based Paint Disclosure (federal) Verbatim language required
42 U.S.C. s.4852d; 40 CFR Part 745
Federal only: pre-1978 housing requires verbatim Lead Warning Statement, disclosure form, EPA pamphlet, 10-day inspection opportunity.
Applies to: pre-1978
Delaware Regulates Wholesaling
Delaware SB 201 (153rd General Assembly), signed June 1, 2026, amending 24 Del. C. ch. 29
Delaware now regulates wholesaling: definitions effective June 1, 2026; wholesalers must become real estate licensees effective Aug. 30, 2026 (270-day transition); consumer-protection provisions (wholesale-transaction disclosure that the contract will be assigned for a fee, seller's right to an appraisal and independent advice, cancellation rights patterned on Pennsylvania law) effective Feb. 26, 2027. Advertising a property you do not own was already prohibited; only the contract interest may be marketed.
See how Delaware compares in our wholesaling laws by state table.
Delaware Closing Practice at a Glance
| Deed convention | Special Warranty Deed is customary for arm's-length residential sales. |
| Transfer tax | Realty Transfer Tax - 4% total (2.5% state + 1.5% county/municipal, or 3% state where no local tax) (30 Del. C. ss.5401 et seq.) |
| Customary payer | split 50/50 buyer/seller under the standard Delaware Association of Realtors contract; qualifying first-time home buyers get a 0.5% reduction on the buyer's state portion on the first $400,000 of value (does not relieve the seller's portion) |
| Attorney closing | Attorney required or customary. Attorney state. Delaware Supreme Court (In re Mid-Atlantic Settlement Servs., 755 A.2d 389 (Del. 2000)) held that conducting real estate settlements without a Delaware attorney is the unauthorized practice of law; all closings (purchase or refinance) must be conducted under the supervision of a Delaware-licensed attorney, including title review and disbursement of funds (2006 disbursement ruling). |
| Witness and notary | Notary acknowledgment only for deeds (25 Del. C. s.122: acknowledgment before a notary, judge, or other authorized officer); subscribing witnesses are only an alternative method of 'proving' an unacknowledged deed, not a requirement. |
More Investor Resources
Disclaimer: This template and summary are provided free for reference and educational purposes. Clearway Home Buyers is not a law firm and does not provide legal advice, and no attorney-client relationship is created by downloading or using these forms. Real estate law varies by state and by transaction. Review any form with a licensed Delaware attorney before use. Read the full disclaimer.
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