Delaware Real Estate Law

Agency Relationships

Agents may represent the buyer, the seller, or, with written consent, both parties.
Fiduciary duties — loyalty, confidentiality, full disclosure — apply to clients but not to customers.
Ask every agent to explain, in writing, who they represent before you share personal or financial details.

Sellers must disclose known material defects that affect the property's value or safety.
Federal law requires a lead-based paint disclosure for homes built before 1978.
Always review disclosures before removing inspection contingencies.

Real estate contracts must be in writing to be enforceable.
Review deadlines for inspection, financing, and closing carefully — missed dates can cost your earnest money.
You may hire an independent attorney to review any contract, even if the state does not require one.

Closing is the meeting where ownership transfers and money changes hands. The closing agent (title company, escrow officer, or attorney) handles documents and disbursement.
Buyers typically bring: down payment, loan funds, prorated property taxes, title insurance premium, recording fees, and any agreed credits.
Sellers typically bring: existing mortgage payoff, prorated taxes, agent commissions, and any seller credits.
Title insurance protects against undisclosed claims on the property. The owner's policy is a one-time cost at closing. Local custom and contract negotiation determine whether buyer or seller pays.
Demand a final settlement statement at least 24 hours before closing and review every line.

Since August 17, 2024, multiple-listing services (MLS) can no longer publish offers of buyer-agent compensation. Sellers may still choose to pay a buyer's agent, but it is now negotiated separately and disclosed off-MLS.
Buyers must sign a written representation agreement with their agent before touring a home. The agreement must state how the agent is paid and how much. Read it carefully — the fee is between you and your agent now, not automatically covered by the seller.
If you are buying, ask whether the seller is offering to pay your agent's commission, who else might pay it, and exactly what services are included.
If you are selling, you are no longer required to offer a buyer's agent commission. Your listing agent should explain the trade-offs of doing so anyway.

Security deposits are regulated; landlords must return them within a set number of days after move-out.
Evictions require proper written notice and, in most cases, a court order.
Retaliation against tenants who exercise legal rights is prohibited.

Educational information only. Not legal advice. Laws change; verify with the official sources above or consult a licensed attorney.