Key Takeaways
- Lead-based paint disclosure is required for all pre-1978 residential properties (federal requirement)
- Radon testing is recommended in Delaware
- Underground storage tank disclosure is required if seller has knowledge
- Delaware has specific requirements for septic systems and well water
- Coastal properties may have additional environmental considerations
Last updated: January 2026
Delaware Environmental Issues and Special Topics
Environmental concerns and special topics are important for Delaware real estate transactions.
Lead-Based Paint
Federal Requirement
For all pre-1978 residential properties:
| Requirement | Detail |
|---|---|
| Disclosure | Seller must disclose known lead hazards |
| Pamphlet | Provide EPA "Protect Your Family From Lead" |
| Inspection opportunity | 10-day period (can be waived) |
| Records | Provide any lead testing reports |
Delaware Lead Disclosure
Delaware sellers must also:
- Include lead disclosure in Seller Disclosure Form
- Disclose known lead-based paint or hazards
- Provide opportunity for testing
Radon
Radon in Delaware
| Fact | Detail |
|---|---|
| What is radon | Radioactive gas from soil |
| Health risk | Lung cancer |
| Entry | Through foundation, cracks, gaps |
| Testing | Recommended for all homes |
Radon Disclosure
| Requirement | Status |
|---|---|
| Federal requirement | None |
| Delaware requirement | Disclose known results |
| Best practice | Testing recommended |
Important: While testing may not be mandated, known results should be disclosed. Many buyers test as part of inspections.
Underground Storage Tanks (USTs)
Disclosure Requirements
| Requirement | Detail |
|---|---|
| Known tanks | Must disclose in Seller Disclosure |
| Removed tanks | Should disclose if known |
| Contamination | Material fact requiring disclosure |
| Heating oil tanks | Common in some areas |
Liability Considerations
- Current and former owners may be liable for contamination
- Remediation can be expensive
- Environmental assessments recommended
Septic Systems (On-Site Wastewater)
Delaware Requirements
Delaware has specific requirements for on-site wastewater systems:
| Requirement | Detail |
|---|---|
| Disclosure | Must disclose type of sewage system |
| Permits | Required for new systems and repairs |
| Inspections | May be required at sale |
| Malfunctions | Material fact requiring disclosure |
Types of Systems
| System | Description |
|---|---|
| Public sewer | Connected to municipal system |
| Septic system | On-lot tank and drain field |
| Holding tank | Requires pumping |
| Alternative systems | Various approved technologies |
Water Supply
Disclosure Requirements
| Supply Type | Disclosure |
|---|---|
| Public water | Note in Seller Disclosure |
| Private well | Disclose, testing recommended |
| Water quality issues | Must disclose if known |
Well Water Testing
- Recommended before purchase
- Test for bacteria, minerals, contaminants
- May be required by lender
Coastal Properties
Delaware Coastal Considerations
| Issue | Consideration |
|---|---|
| Flood zones | FEMA flood maps, insurance requirements |
| Coastal erosion | Beach property risks |
| Wetlands | Environmental restrictions |
| Storm surge | Hurricane and storm risks |
Flood Insurance
| Requirement | Detail |
|---|---|
| Flood zone properties | May require flood insurance |
| Lender requirements | Federally backed loans require coverage |
| NFIP | National Flood Insurance Program |
Condominiums and Cooperatives
Delaware Requirements
| Requirement | Detail |
|---|---|
| Resale disclosure | Seller must provide condo documents |
| Review period | Buyer has specified period to review |
| HOA information | Fees, rules, financial status |
| Right to cancel | Within review period |
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Test Your Knowledge
What must be disclosed for pre-1978 residential properties in Delaware?
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Test Your Knowledge
What coastal issue is particularly important for Delaware real estate transactions?
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