What if the defect is not disclosed on the Sellers Disclosure Form?
Delaware law requires that the seller of all dwelling units of 1-4 families residential properties disclose in writing all material defects of the property that are known at the time the property is offered for sale or become known prior to the time of closing. The disclosures are made on a form provided by the State of Delaware Real Estate Commission. The seller must make a good faith effort to complete the form accurately and any representation made in the document is not a warranty of condition. If the seller discloses any defect, he or she cannot be held responsible for correcting it, provided he has complied with the Agreement of Sale executed by the parties. Moreover, if the seller indicates that he or she lacks knowledge about a given condition, the buyer is put on notice to check out the situation. In short, the document acts as a shield to the seller regarding defects both known and unknown. CONNOLLY BOVE LODGE & HUTZ LLP recommends that every buyer of real estate include both
