Selling Your House As-Is in Delaware: What You Need to Know

Run your own numbers in the cash vs. list calculator. Ready for a written offer? Sell your house as-is in Delaware and see the math in writing.

What does "as-is" mean legally in Delaware?

"As-is" is a contract term: you're agreeing not to make repairs, and the buyer agrees to take the house in its current condition. Delaware's disclosure law doesn't define "as-is" and doesn't excuse an as-is seller from disclosing. The law also says the seller's disclosure form is a good-faith effort, "not a warranty," and doesn't replace any inspection the buyer wants (6 Del. C. §2574, checked October 11, 2026).

In practice, an as-is clause does three things:

• It tells buyers up front you won't fix anything or give repair credits, so they should price the house that way.
• It cuts down on repair negotiations after the inspection, though buyers can still ask, and you can still say no.
• It doesn't protect you if you knew about a material defect and didn't disclose it.

What do you still have to disclose when selling as-is?

Delaware's Buyer Property Protection Act requires sellers of 1–4 unit homes to disclose known material defects in writing, as-is or not. The rules are in 6 Del. C. §§2570–2578:

• Before listing: you disclose all known material defects in writing before you sign a listing agreement (§2572(a)).
• Before the buyer's offer: the buyer must get the state's Seller's Disclosure of Real Property Condition Report before making an offer. Once both sides sign it, it becomes part of the agreement of sale (§2573).
• Before settlement: if something material changes (a pipe bursts, the roof starts leaking), you update the disclosure before closing (§2572(b)).
• Radon: buyers must be told the property may carry radon risk, and you share any radon test results you have (§2572A).

The Delaware Real Estate Commission publishes the current disclosure form. It asks about the roof, structure, basement water, plumbing, electrical, heating and cooling, environmental issues, and more. If you've never lived in the house, answer with what you actually know. "Unknown" is a fair answer when it's true.

Lead paint is a separate federal rule. For most homes built before 1978, you must give buyers the EPA lead pamphlet, disclose known lead-based paint and any reports, include a Lead Warning Statement in the contract, and give the buyer 10 days to test (which the buyer can waive) (EPA, checked October 11, 2026). Selling as-is doesn't change that.

The law protects sellers who disclose. A buyer can't sue the seller over defects that were disclosed before the offer, or over defects that came up later and were disclosed before settlement (§2575). Disclosing is cheaper than defending a lawsuit after closing.

Which as-is sales are exempt from Delaware's disclosure law?

Some transfers don't need the Seller's Disclosure at all. Section 2577 exempts, among others:

• sales by a fiduciary "in the course of the administration of the decedent's estate, guardianship or trust"
• court-ordered transfers and sheriff's sales
• deeds in lieu of foreclosure to the lender
• transfers between co-owners, to a spouse or to the seller's children or grandchildren, and between spouses in a divorce
• transfers to or from a government entity

The Commission has an exemption form for these sales. Two cautions. The estate exemption is written for a sale by the personal representative while the estate is being administered. If the house has already been deeded to the heirs and they sell it themselves, ask your attorney whether it still applies. And an exemption from the state form doesn't exempt you from the federal lead-paint rules, and it doesn't let anyone misrepresent the house. For estates, see the Delaware probate process for a house.

How much less will you get selling as-is in Delaware?

It depends on how much work the house needs and who buys it, and there's no official Delaware figure for the "as-is discount." The honest way to answer is to compare what you'd net, after every cost, on three paths. The table uses illustrative numbers for a house that would sell for $300,000 fixed up and needs $35,000 of work.

Where each number comes from:

• Transfer tax: Delaware's state rate is 3%, or 2.5% where the full 1.5% local tax applies, for a typical 4% total. The statute splits it equally between buyer and seller unless the contract says otherwise (30 Del. C. §5402, checked October 11, 2026). Our cash column charges the seller's half to be conservative, because some cash buyers do. When Silverside buys your house, we pay all closing costs, including your share of the transfer tax. Add back $4,300 for a Silverside sale: about $213,875.
• Commission: commissions are negotiable (NAR). The 5.5% is an assumption, the same default our calculator uses. Put in your own.
• As-is list price: assumed to be the fixed-up value minus the repair estimate minus $10,000 for the buyer's risk and hassle. A buyer using an FHA loan may not be able to close on a house that fails HUD's minimum property standards until repairs are made (HUD Handbook 4000.1), so fewer buyers can bid on a house that needs real work.
• Carrying costs: taxes, insurance, utilities and loan interest while you wait. $1,500 a month is an assumption, not an average.

In this example, the as-is listing nets about $6,600 less than repairing first, and the cash sale about $19,900 less (about $13,300 less than the as-is listing). The repair path only comes out ahead if the work stays on budget, the buyer's financing and appraisal hold, and the house sells in about four months, and you have to come up with $35,000 first. Change any of these numbers and the answer changes, which is why we built the cash vs. list calculator. For a full walk-through, see cash sale vs. traditional sale.

Can a buyer back out of an as-is contract in Delaware?

Yes, if the contract gives them a way out. "As-is" means you won't do repairs. It doesn't remove the buyer's contingencies. What decides whether a buyer can walk away, and whether they get their deposit back, is the agreement of sale, not the as-is label.

To cut the risk of a buyer backing out:

• Give the full disclosure before the offer. Defects the buyer knew about are much harder to use as a reason to walk.
• Keep the inspection period short and spell out what happens at its end.
• Ask for proof of funds or a loan pre-approval, and a meaningful deposit held by the settlement attorney.
• Ask whether the buyer will close or assign the contract. Delaware requires a written disclosure if a wholesaler plans to assign it, and gives you 21 days to cancel (see our Delaware wholesaling law guide).

Do you need an inspection to sell as-is?

Delaware's disclosure law doesn't require a seller inspection, and the buyer will usually do their own. A pre-listing inspection can still help:

• Pros: no surprises; you can price the house realistically and share the report with buyers.
• Cons: it costs money, and whatever it finds becomes something you know, so it goes on your disclosure.

Either way, expect the buyer's inspector to find things. In an as-is sale, you can turn down repair requests. The buyer can then accept the house as it is or, if the contract lets them, cancel. If a few small fixes (a missing smoke detector, a loose handrail) would keep a financed buyer's loan on track, those are often worth doing even when you're selling as-is.

How are as-is houses priced?

Investors and most as-is buyers start from the after-repair value (ARV), meaning what the house would sell for fixed up, and work backward. They subtract:

• the cost of repairs and renovation,
• closing costs on both ends, including Delaware's realty transfer tax,
• holding costs during the work (taxes, insurance, utilities, financing),
• selling costs when they resell (commission, concessions), and
• a profit margin for the risk.

That's why as-is offers on the same house can be far apart: two buyers can see very different repair bills. Any buyer should be able to show you how they got to their number. Ours comes in writing with the math.

Who buys as-is houses in Delaware?

Selling as-is in Wilmington

If you sell a house as-is in Wilmington, check two city issues early. Open code violations and a vacant house that needs to be registered with the city can both affect your timeline and costs. See selling with code violations and selling a vacant house.

When does selling as-is make sense?

As-is usually makes sense when the repairs are big, uncertain, or something you can't pay for up front. It's often the better fit when:

• the house needs a roof, structural work, systems or water-damage repair that a financed buyer's lender would flag,
• you don't have the cash or the time to manage contractors,
• you're dealing with an estate, a divorce, a relocation or a foreclosure date, or
• the house is full of belongings, or has tenants.

Fixing first usually makes sense when the work is cosmetic (paint, flooring, fixtures), you can pay for it, and you have a few months. If you want the higher price without fronting the cost, our Fix & List option handles the repairs before you list.

What mistakes cost as-is sellers money?

• Doing half the repairs. A partial fix rarely raises the price by more than it costs.
• Hiding defects. It can lead to a lawsuit after closing. Disclose.
• Taking the first number without the math. Ask how the offer was calculated and compare.
• Ignoring the contingencies. An as-is contract with a long inspection period and a small deposit is close to a free option for the buyer.
• Not asking about assignment. Know whether your buyer will close or sell your contract to someone else.

Prefer to talk it through? Call me at (302) 525-0787.

Frequently asked questions

Sources

• 6 Del. C. §§2570–2578, Buyer Property Protection Act (checked Oct 11, 2026)
• Delaware Real Estate Commission, Seller's Disclosure of Real Property Condition Report
• Delaware Real Estate Commission, Seller's Disclosure and Radon Disclosure Exemption form
• EPA, Real Estate Disclosures about Lead-Based Paint
• 30 Del. C. §5402, realty transfer tax
• NAR, What the NAR settlement means for buyers and sellers
• HUD Single Family Housing Policy Handbook 4000.1
• Delaware Real Estate Commission, wholesale transaction disclosure

General information, not legal, tax, or financial advice. Laws, fees, and schedules change. Confirm with the office named or your attorney.