DE · Flood-disclosure law

Does a Delaware seller have to disclose flooding?

Delaware's Buyer Property Protection Act requires a seller of residential real property to disclose in writing all known material defects, using the Real Estate Commission's standard Seller's Disclosure of Real Property Condition Report, which covers water/flooding/drainage conditions; known flooding affecting the property must be disclosed.

Delaware at a glance

Flood-specific disclosure

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

DisclosureRequired

Opt-outNone

Primary-source verified· verified June 16, 2026

Del. Code Ann. tit. 6, §§ 2570-2578 (Buyer Property Protection Act); § 2572 (disclosure of material defects); § 2578 (property condition report form)

The 4-card answer

Delaware flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Delaware's Buyer Property Protection Act requires a seller of residential real property to disclose in writing all known material defects, using the Real Estate Commission's standard Seller's Disclosure of Real Property Condition Report, which covers water/flooding/drainage conditions; known flooding affecting the property must be disclosed.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

Del. Code Ann. tit. 6, §§ 2570-2578 (Buyer Property Protection Act); § 2572 (disclosure of material defects); § 2578 (property condition report form)Primary-source verified· verified June 16, 2026

What triggers the duty

Transfer/sale of residential real property
Disclosure made in writing before the seller signs the listing agreement, updated for any material change before final settlement
Copy of the Seller's Disclosure of Real Property Condition Report given to buyer before the buyer makes an offer

Penalties & remedies

Not specified by statute — the Act provides limited recourse; the form is expressly not a warranty (§ 2574).

Buyer remedy: Limited. Under § 2575 a buyer has no cause of action for a defect that was disclosed before the offer, disclosed after the offer but before settlement, or that occurred after settlement; remedies for a knowingly undisclosed known material defect arise under general law (fraud/misrepresentation).

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

Primary source (official Delaware Code) directly fetched and confirmed. § 2572 mandates written disclosure of all known material defects; the Real Estate Commission's standard Seller's Disclosure of Real Property Condition Report covers water/flooding/drainage. The codified text of § 2578 fetched did not itself enumerate flooding line-items, but the Commission's standard form covers water/flooding and the broad material-defects duty under § 2572 captures known flooding.

Buyer's rights

If you're buying in Delaware

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What Delaware law gives you as a buyer

Delaware requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Limited. Under § 2575 a buyer has no cause of action for a defect that was disclosed before the offer, disclosed after the offer but before settlement, or that occurred after settlement; remedies for a knowingly undisclosed known material defect arise under general law (fraud/misrepresentation).

Del. Code Ann. tit. 6, §§ 2570-2578 (Buyer Property Protection Act); § 2572 (disclosure of material defects); § 2578 (property condition report form)

Your pre-closing checklist (works in every state)

Pull a free FEMA flood-zone lookup
Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.
msc.fema.gov ↗
Request a CLUE / loss-history report
A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.
LexisNexis consumer disclosure ↗
Get an independent inspection — ask about water
Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.
Get a flood-insurance quote before you waive contingencies
Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.
floodsmart.gov ↗

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Delaware

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

Delaware's Buyer Property Protection Act requires a seller of residential real property to disclose in writing all known material defects, using the Real Estate Commission's standard Seller's Disclosure of Real Property Condition Report, which covers water/flooding/drainage conditions; known flooding affecting the property must be disclosed.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

Del. Code Ann. tit. 6, §§ 2570-2578 (Buyer Property Protection Act); § 2572 (disclosure of material defects); § 2578 (property condition report form)Primary-source verified· verified June 16, 2026

What triggers the duty

Transfer/sale of residential real property
Disclosure made in writing before the seller signs the listing agreement, updated for any material change before final settlement
Copy of the Seller's Disclosure of Real Property Condition Report given to buyer before the buyer makes an offer

Penalties & remedies

Not specified by statute — the Act provides limited recourse; the form is expressly not a warranty (§ 2574).

Buyer remedy: Limited. Under § 2575 a buyer has no cause of action for a defect that was disclosed before the offer, disclosed after the offer but before settlement, or that occurred after settlement; remedies for a knowingly undisclosed known material defect arise under general law (fraud/misrepresentation).

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The disclosure duty (where it exists) cannot simply be bought out.

Research note ▾

Primary source (official Delaware Code) directly fetched and confirmed. § 2572 mandates written disclosure of all known material defects; the Real Estate Commission's standard Seller's Disclosure of Real Property Condition Report covers water/flooding/drainage. The codified text of § 2578 fetched did not itself enumerate flooding line-items, but the Commission's standard form covers water/flooding and the broad material-defects duty under § 2572 captures known flooding.

Summary of Delaware law as of June 2026. Not legal advice.

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