Updated on August 25th, 2022
A Delaware general warranty deed conveys an interest in property to a buyer and assures them that the real estate they purchase has a clear title and that the owner has the right to sell it. The execution of this document guarantees the grantee (buyer) that there are no liens or other encumbrances attached to the property. If an unexpected claim does arise, the grantor will defend the title provided the encumbrance was made prior to the deed’s signing.
It should be noted that the formatting requirements differ between Delaware counties; users should ensure that they draft their deeds correctly to avoid rejection come recordation.
- Statutes: Chapter 1 – Deeds
- Signing Requirements (§ 122): Notary Public or proved in Superior Court before one (1) or more witnesses.
- Where to Record (§ 154): County Recorder’s Office in either Kent County, New Castle County, or Sussex County.
- Recording Fees:
- Realty Transfer Tax Return and Affidavit of Gain and Value (Form 5402): This document must be recorded with any conveyance of property.
- Kent County New Property Ownership Form: All property transfers recorded in Kent County must have this form accompanying the deed.
- Property Disclosure Statement (§ 2572): Buyers must be provided with this completed statement, which details information about the property, particularly any defects that may affect their buying decision.
- Radon Disclosure (§ 2572A): This document detailing a property’s exposure to radon and any records of testing and inspection for radon must be provided to potential buyers.