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Mandated DisclosuresSeller LiabilityMEDIUM

Under Delaware's Seller Disclosure of Real Property Condition Act (6 Del. C. § 2570 et seq.), a seller who makes a good faith disclosure of a known property defect:

Correct Answer

B) Is protected from liability for that honestly disclosed defect

Under Delaware's Seller Disclosure of Real Property Condition Act (6 Del. C. § 2570 et seq.), a seller who honestly and in good faith discloses a known defect on the required disclosure form is protected from liability arising from that disclosed condition. The good faith disclosure limits the seller's exposure — buyers are deemed to have notice of disclosed defects and cannot later claim the seller concealed them.

Answer Options
A
Is still fully liable for all defects disclosed
B
Is protected from liability for that honestly disclosed defect
C
Is exempt from all future disclosure requirements
D
Must obtain a written waiver from the buyer for all claims

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Related Topics & Key Terms

Related Topics:

material defectscaveat emptorseller disclosure formbuyer's right to rescindlicensee disclosure duties

Key Terms:

seller disclosuregood faithliability protection6 Del. C. § 2570known defectsmaterial defects

Related Concepts

Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.

A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.

An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.

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