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How to sell your house by owner in Delaware

For sale by owner (FSBO) in Delaware, without a realtor · rules checked · sources

Attorney at closing
Required
Seller disclosure
Required
State transfer tax
4%

Delaware requires a licensed attorney at closing, so you'll pay for one even without an agent. Delaware sellers must give buyers the Seller's Disclosure of Real Property Condition Report (Delaware Real Estate Commission form) (6 Del. C. 2570-2578 (Buyer Property Protection Act)). Delaware's state transfer tax is 4%, about $16,000 on a $400,000 sale, usually split between buyer and seller.

General information, not legal advice. Rules change and counties add their own; check with a Delaware real estate attorney or title company before you sign anything. Last checked October 20, 2026.

Delaware transfer tax and savings calculator

State transfer tax (4%)
$16,000
Commission you don't pay (5–6%)
$20,000–$24,000
Saved if you still pay the buyer's agent (2.5–3%)
$10,000–$12,000

Example for a $400,000 sale. Uses the base state rate of 4%. Full rule: Total typically 4%: state 2.5% plus county/municipal 1.5% (state rate is 3% where no local 1.5% applies). State tax only; county or city taxes may add to it. Commissions are negotiable and vary; these are typical ranges, not quotes.

Steps to sell a house without a realtor in Delaware

  1. Hire a Delaware real estate attorney first. The state requires one at closing, and it's cheaper to have them draft or review the purchase contract than to fix it later. Ask for a flat fee for an FSBO sale.
  2. Price it from sold homes, not asking prices. Pull recent sales of similar homes nearby from the county records or the "sold" filter on the big portals, or pay a licensed appraiser for a pre-listing appraisal.
  3. Fill in the Seller's Disclosure of Real Property Condition Report (Delaware Real Estate Commission form) now. Delaware requires it (6 Del. C. 2570-2578 (Buyer Property Protection Act)); buyers should get it before they sign. Get the official form.
  4. Make a listing buyers can judge from home. Bright photos of every room, an honest description, a floor plan and a 360° virtual tour filter out people who were never going to buy, so fewer, better showings.
  5. List it where buyers look. A flat-fee MLS listing (a broker puts you on the MLS for a fixed fee) gets you onto Zillow, Realtor.com and Redfin; add FSBO sites, social media and a yard sign with a QR code to the tour.
  6. Show it, then get offers in writing. Ask for a mortgage pre-approval or proof of funds before a showing, and decide up front whether you'll pay a buyer's agent. Accept with a written purchase agreement; the earnest money goes to your attorney, not to you.
  7. Close. You sign the deed, your attorney pays off your mortgage and records the deed with the county. The state transfer tax is paid when the deed is recorded and is usually split between buyer and seller.

Delaware seller disclosure

Delaware requires sellers to disclose the home's known condition in writing on the Seller's Disclosure of Real Property Condition Report (Delaware Real Estate Commission form) (6 Del. C. 2570-2578 (Buyer Property Protection Act)). Give it to the buyer before they sign the purchase agreement: a late or missing disclosure can let the buyer cancel or sue.

Sellers of 1-4 family residential property must disclose known material defects in writing and give the buyer the Real Property Condition Report before the buyer makes an offer. A separate radon notice and form is also required.

Seller's Disclosure of Real Property Condition Report (Delaware Real Estate Commission form) (official source)

Whatever the state rule, a home built before 1978 needs the federal lead-based paint disclosure and the EPA pamphlet, and the buyer gets 10 days to test unless they waive it.

Delaware transfer tax

Delaware charges a real estate transfer tax when the deed is recorded: a base rate of 4% of the price, $16,000 on a $400,000 sale. The full rule: Total typically 4%: state 2.5% plus county/municipal 1.5% (state rate is 3% where no local 1.5% applies). By custom it's usually split between buyer and seller, but the purchase contract can split it differently.

Local taxes: Statute apportions the tax equally between grantor and grantee; first-time buyers get a reduction on the buyer share.

Official transfer tax source

Paperwork for selling a house without a realtor in Delaware

The closing agent drafts the deed. Your attorney prepares it and the other closing documents.

Also expect:

  • Radon notice and Delaware Real Estate Commission radon form (6 Del. C. 2572A)
  • Condition report must show who pays for repaving of adjacent streets (6 Del. C. 2578)

Delaware settlement is the practice of law (Del. Supreme Court, 2000), so a Delaware attorney must conduct closing. The 4% realty transfer tax is the highest in this group and is split equally by statute.

The rest of the work is marketing: a clear listing, honest photos and a virtual tour. Tips in how to write a property listing and how to make a virtual tour with your phone.

Frequently asked questions

Can you sell a house without a realtor in Delaware?

Yes. No state requires a real estate agent to sell your own home. Delaware requires a licensed attorney at closing, so you'll pay for one even without an agent. The steps are on this page.

Do I need a lawyer to sell my house in Delaware?

Yes. Delaware requires a licensed attorney at closing, so you'll pay for one even without an agent. Many attorneys offer a flat fee for FSBO sales that covers the contract and the closing.

Are seller's disclosures required in Delaware?

Yes. Delaware sellers must give buyers the Seller's Disclosure of Real Property Condition Report (Delaware Real Estate Commission form) (6 Del. C. 2570-2578 (Buyer Property Protection Act)). Sellers of 1-4 family residential property must disclose known material defects in writing and give the buyer the Real Property Condition Report before the buyer makes an offer. A separate radon notice and form is also required. Official form or statute. Homes built before 1978 also need the federal lead-based paint disclosure.

How much is the transfer tax in Delaware?

Delaware's state transfer tax is 4%, about $16,000 on a $400,000 sale, usually split between buyer and seller. Statute apportions the tax equally between grantor and grantee; first-time buyers get a reduction on the buyer share. Official source.

Who pays the transfer tax in Delaware?

In Delaware it's usually split between buyer and seller. Custom isn't law: the purchase contract can say who pays.

What paperwork do I need to sell my house without a realtor in Delaware?

Usually the Seller's Disclosure of Real Property Condition Report (Delaware Real Estate Commission form); a written purchase agreement; the deed; the lead-based paint disclosure if the home was built before 1978; Radon notice and Delaware Real Estate Commission radon form (6 Del. C. 2572A); Condition report must show who pays for repaving of adjacent streets (6 Del. C. 2578). Your attorney prepares the closing documents and records the deed.

How much do you save selling a house without a realtor in Delaware?

On a $400,000 sale, a 5–6% commission is $20,000–$24,000. If you still pay the buyer's agent, you save the listing side, about $10,000–$12,000. The $16,000 state transfer tax is due either way.

Sources

General information, not legal advice. Rules change and counties add their own; check with a Delaware real estate attorney or title company before you sign anything. Last checked October 20, 2026.

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