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The Delaware Real Estate Commission’s public forms page does not offer a free residential Agreement of Sale. In a brokered transaction, obtain the current agreement and addenda your brokerage is authorized to use. Without an agent, have a Delaware real-estate attorney prepare or review the agreement before anyone signs. Separately, for a covered transfer, the seller must give the applicable official property-condition report to the prospective buyer or buyer’s agent before the buyer makes an offer. Choose your situation:
Ask your agent for the current purchase agreement and addenda the brokerage is authorized to use. Delaware Association of REALTORS® forms are private industry forms—not Delaware government forms. Keep the purchase agreement, agency disclosure, property-condition report, and radon documents distinct.
See the agent-assisted pathDo not substitute a generic internet agreement or the seller’s condition report for the purchase contract. A Delaware real-estate attorney can prepare or review the agreement and coordinate its financing, inspection, title, settlement, possession, and disclosure terms before anyone signs.
See the FSBO contract stepsFor a covered transfer, the seller must give the applicable Seller’s Disclosure of Real Property Condition Report to the prospective buyer or buyer’s agent before the buyer makes an offer. Use the current DREC form effective August 1, 2026. Different forms cover ordinary residential property, new construction without a certificate of occupancy, vacant land, and exempt transfers; radon has a separate disclosure and brochure.
Open the official DREC formsPublicLegal does not sell or reproduce the Delaware Association of REALTORS® Agreement of Sale or manufacture a Delaware government purchase form. When DREC provides the required disclosure form, we link to the official source.
Delaware law and forms reviewed August 11, 2026 · Sources include 6 Del. C. §§ 2570–2578, current DREC forms effective August 1, 2026, Delaware closing authority, common-interest and special-contract statutes, and EPA lead guidance
Independent Delaware self-help information—not legal advice, a government form, or a Delaware Association of REALTORS® form.
A signed purchase agreement may bind the parties according to its terms. The Buyer Property Protection Act does not itself provide a general cancel-for-any-reason period, but other specific laws can create cancellation rights—for example, qualifying common-interest-community disclosures and, beginning August 30, 2026, covered wholesale contracts. Do not assume a missing, late, or inaccurate disclosure automatically lets you cancel; obtain prompt Delaware legal advice if a contract or deadline is already in play.
Editorial summary based on the Buyer Property Protection Act, 6 Del. C. §§ 2570–2578; current DREC forms effective August 1, 2026; Delaware licensee regulations; Delaware Supreme Court closing authority; common-interest and special-contract rules in Title 25; DNREC septic-transfer rules; SB 201’s phased wholesale effective dates; Delaware Association of REALTORS® private-industry form access; and EPA lead materials. Confirm the current statute, regulation, and form edition before use. PublicLegal does not sell a Delaware purchase-agreement substitute on this page.
The purchase agreement creates the parties’ contractual obligations. The Seller’s Disclosure of Real Property Condition Report is a separate statutory disclosure that becomes part of the purchase agreement once signed by buyer and seller. The radon disclosure is another statutory track. The deed transfers title later at settlement. Do not treat a deed form as a substitute for the purchase contract.
Delaware does not prescribe one free government residential Agreement of Sale blank for ordinary resales. Brokered deals use agreements the brokerage is authorized to provide, which may come from private libraries such as the Delaware Association of REALTORS® when access is authorized. Attorney-drafted or attorney-reviewed agreements are the safer path for FSBO and nonstandard deals.
A Delaware-licensed attorney is required to conduct a sale closing for Delaware real property. Title and settlement companies may support the process, but they do not replace the attorney required to conduct the closing. The closing attorney is not automatically separate personal counsel for negotiating every contract right or disclosure dispute.
If a Delaware real-estate licensee is handling your transaction, obtain the current Agreement of Sale and related addenda the brokerage is authorized to use. Many brokerages that are REALTOR® members use Delaware Association of REALTORS® forms. Those are private industry materials—not free public government purchase blanks and not PublicLegal products. Ask which form and revision is being used.
Licensees also use the DREC Consumer Information Statement for consumers seeking to purchase or sell residential property designed for use by 1–4 families. That CIS explains brokerage agency relationships and expressly is not a contract. Keep it separate from the purchase agreement and from the seller’s property-condition report.
Separately, for covered residential transfers, the seller must complete the applicable official DREC Seller’s Disclosure of Real Property Condition Report and give it to prospective buyers before they make an offer. Track radon disclosure and federal lead requirements as their own checklist items.
Delaware does not list a free government residential Agreement of Sale on the Real Estate Commission forms page. Delaware Association of REALTORS® forms are private industry forms available through authorized portals, transaction platforms, membership, or qualifying subscription arrangements—not ordinary public government forms. Do not treat random internet blanks or scraped association PDFs as authorized public forms.
The safer path is a Delaware real-estate attorney who prepares or reviews the written agreement before anyone signs—covering parties, property description, price, deposits, financing, inspections, title, settlement, possession, default, and remedies. The seller’s condition report is not a substitute for that agreement.
Unrepresented sellers of covered residential property still own the Buyer Property Protection Act disclosure duties. Download the current free official DREC forms, complete them carefully, and deliver the applicable condition report before a buyer makes an offer. PublicLegal does not sell a Delaware purchase-contract substitute on this page.
Delaware’s Buyer Property Protection Act (6 Del. C. §§ 2570–2578) generally requires a seller transferring residential real property to disclose in writing all material defects of that property that are known at the time the property is offered for sale or that are known prior to final settlement. Residential real property means any estate or interest in a manufactured housing lot or real property improved by dwelling units for one to four families. The chapter also reaches certain specified transfer methods and residentially zoned vacant land marketed for one-to-four-family construction—confirm the current § 2576 scope for your facts.
The written disclosure is to be made before the seller signs the listing agreement and must be updated as necessary for material changes before final settlement. The agent, subagent, or seller, as applicable, must give a copy of the Seller’s Disclosure of Real Property Condition Report to all prospective buyers or prospective buyer’s agents prior to the time the buyer makes an offer to purchase. The written disclosure form, signed by buyer and seller, becomes a part of the purchase agreement.
The Delaware Real Estate Commission develops the standard form or forms used as the Seller’s Disclosure of Real Property Condition Report. Use the current official forms effective August 1, 2026. Free PDFs cover ordinary residential property, new construction without a certificate of occupancy, vacant land, and exempt-property certification. Choose the form that matches the property and transfer. The completed report is a good-faith effort, not a warranty or substitute for inspections.
Delaware separately requires radon notification and disclosure for covered transfers with a dwelling. The seller must provide information on radon tests or inspections in the seller’s possession and disclose known hazards. Section 2572A does not state the condition report’s pre-offer deadline for radon. In a licensee-assisted transaction, however, 24 DE Admin. Code 2900 § 10.8 requires the latest radon disclosure and brochure before the buyer enters the Agreement of Sale and requires the disclosure to become part of that agreement.
The Consumer Information Statement for consumers seeking to purchase or sell residential property designed for use by 1–4 families is a separate DREC form about brokerage agency relationships. It is not a purchase contract and is not the seller’s property-condition report. Licensees provide it under Commission timing rules for brokerage relationships.
Exemptions under § 2577 include categories such as certain court-ordered and operation-of-law transfers, specified foreclosure and deed-in-lieu paths, qualifying fiduciary transfers, transfers among co-owners, transfers to spouses or lineal family members, divorce property-settlement transfers, and transfers to or from government entities. Confirm the current exemption list and use the official exempt-property certification when it applies. Most housing built before 1978 also triggers federal lead disclosures.
Key points to keep straight:
When in doubt about coverage, exemptions, form selection, or a live contract deadline, ask Delaware counsel. Use the current statute text and the current official DREC forms.
We do not sell a Delaware purchase-contract substitute. When you need a related PublicLegal product, these are optional and stage-specific—not replacements for the purchase agreement.
Use this as a practical sequence—not a substitute for advice on your facts.
Depending on the property and transaction, parties may also need to address:
Local practices differ across Delaware counties. Use professionals and primary sources for your address—not a generic national packet.
A Delaware-licensed attorney is required to conduct a sale closing for Delaware real property. Delaware counsel must be directly involved or supervise documents affecting title, title evaluation and exceptions, disbursement, and legal-effect questions. A title or settlement company may assist, but it is not an alternative to the required Delaware attorney.
A Delaware real-estate attorney can prepare or review the Agreement of Sale, advise on Buyer Property Protection Act disclosure timing and form selection, title objections, association issues, estate or entity authority, and custom terms. Consider counsel early in FSBO deals and whenever deadlines or disclosure disputes appear.
The purchase agreement creates the sale obligations. The deed conveys title at settlement and recording. PublicLegal does not currently offer a Delaware warranty-deed product page or state deeds hub. The Delaware quitclaim deed product is a limited-use conveyance and is generally not the default deed for an ordinary arm’s-length home sale. A deed is not a substitute for the purchase agreement.
Independently verify wire instructions. Real-estate wire fraud is common.
That keeps this page honest: orientation and primary-source links, not a substitute for authorized brokerage forms or Delaware legal advice.
The Delaware Real Estate Commission’s public forms page does not offer a free residential Agreement of Sale. Brokered deals use agreements the brokerage is authorized to provide. PublicLegal does not sell a Delaware Association of REALTORS® lookalike.
For a covered transfer, the applicable Seller’s Disclosure of Real Property Condition Report must be given to the prospective buyer or buyer’s agent before the buyer makes an offer to purchase. The written disclosure is also to be made before the seller signs a listing agreement and updated for material changes before final settlement.
No. The completed report is a good-faith disclosure effort. It is not a warranty of any kind and is not a substitute for inspections or warranties the parties may wish to obtain.
No. The purchase agreement creates the sale obligations. The signed condition report becomes part of the purchase agreement, but it is not itself a substitute for the Agreement of Sale.
The Buyer Property Protection Act does not create a general cancel-for-any-reason cooling-off period after a signed purchase agreement. Specific laws can create limited rights, including qualifying common-interest-property disclosure rights and, beginning August 30, 2026, the wholesale-contract cancellation regime. Contract contingencies may also apply.
For covered residential dwelling transfers, Delaware requires radon notification, disclosure of known hazards and tests or inspections in the seller’s possession, buyer acknowledgment of the option to test, and use of the DREC radon form and buyer brochure. Follow the current form and statute text.
The CIS is a free official DREC form explaining brokerage agency relationships for consumers seeking to purchase or sell residential property designed for use by 1–4 families. It is not a contract and is not the seller’s property-condition report.
Yes. Delaware Supreme Court authority requires a Delaware-licensed attorney to conduct a sale closing for Delaware real property and to be directly involved or supervise title-transfer legal work. A title or settlement company may assist but does not replace the required attorney.
No. A quitclaim deed is a limited-use conveyance and is generally not the default deed for an ordinary arm’s-length residential sale. A deed is not a substitute for the purchase agreement. There is no live Delaware deeds hub or warranty-deed product page on this site.
PublicLegal provides self-help forms and information. This is not legal advice. Real estate purchase and disclosure rules vary by state and transaction. Confirm requirements for your property with a qualified professional when needed.