Under the Delaware Residential Real Property Disclosure Act, which of the following transactions is NOT exempt from the seller disclosure requirement?
Correct Answer
D) A standard arm's-length sale of a previously occupied single-family home by an individual seller to an unrelated buyer
A standard arm's-length sale of a previously occupied single-family home by an individual seller to an unrelated buyer is NOT exempt from the Delaware Residential Real Property Disclosure Act — it is precisely the type of transaction the Act is designed to cover. The seller must deliver a completed written disclosure form before contract ratification. This is the core covered transaction under 6 Del. C. § 2570 et seq., and no exemption applies.
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Previous Question
Robert is selling his single-family home in Newark, Delaware. He is aware that the basement has experienced periodic water intrusion during heavy rainstorms but believes he fixed the problem two years ago and has seen no water since. Robert does not mention the prior water intrusion on his Delaware Residential Real Property Disclosure form. Three months after closing, the buyer discovers significant mold damage resulting from the historical water problem. Which of the following best describes the legal consequence Robert may face under Delaware law?
Next Question
Sandra is selling her beachfront home in Rehoboth Beach, Sussex County, Delaware. The property sits adjacent to tidal wetlands. Sandra is aware that a portion of her rear yard was identified as regulated tidal wetland in a state survey conducted five years ago, which restricts any grading, filling, or construction in that area. Sandra does not disclose this restriction on her disclosure form, reasoning that it is a matter of public record and the buyer's agent can discover it through due diligence. The buyer closes on the property and later discovers the wetlands restriction prevents the deck expansion he planned. Which of the following most accurately describes Sandra's disclosure obligation and potential liability under Delaware law?