Delaware
Delaware HOA and Condo Resale Certificate: Fees, Deadlines, and How to Order
A resale certificate is the document a title company asks for before a Delaware closing. Delaware associations must deliver it within 10 days. The fee is capped at $200.
Free for the resale platform. No contract to sign.
Delaware Resale Certificate
Example Commons Condominium Association
Regular assessment
$165.00 monthly
Buyer's review period
5 days by statute
Fee for this document
$200, the Delaware cap
Due to the requester
Within 10 days
Delaware at a glance
- What Delaware calls it
- Resale Certificate
- Fee cap
- $200
- Delivery deadline
- 10 days
- Buyer's right to cancel
- 5 days after receiving it
Also called: DUCIOA resale certificate, condo resale certificate. If you were told to get a Delaware resale certificate, or a DE resale certificate as closing agents write it, for a home in an HOA or a condominium, this is that document. It has nothing to do with the sales tax resale certificate a retailer files with the state.
What Delaware law sets
One set of rules covers Delaware. Havn applies it to every order in the state.
25 Del. C. 81-409
DUCIOA. Applies to condominiums, cooperatives, and HOAs and planned communities.
- Required by statute
- Yes
- Fee
- $200
- Deadline
- 10 days from the request
- Buyer may cancel within
- 5 days
- If it is late
- Havn removes the fee
Delaware HOA laws on resale documents, in plain words
Each entry links to the official text. Read the statute itself before relying on a summary.
25 Del. C. 22 (Unit Property Act)
The Unit Property Act is Delaware's older condominium statute, governing condominiums created before the Delaware Uniform Common Interest Ownership Act took effect in 2009. It sets the rules for creating a condominium declaration, unit and common element ownership, association administration, and assessments and liens against units. The act does not include a comprehensive resale disclosure certificate requirement, it only lets a purchaser request a statement of unpaid assessments before a sale, and any fee for that statement follows the association's governing documents rather than a statutory cap.
25 Del. C. 2237 (Unpaid Assessments at Voluntary Sale)
This section lets a purchaser of a condominium unit request a written statement from the association showing the unit's unpaid common expense assessments before a voluntary sale closes. The buyer's liability for assessments left unpaid by the seller is limited to the amount shown on that statement, and the statute leaves fees and timing to the association rather than setting a cap or deadline.
25 Del. C. 81 (DUCIOA)
The Delaware Uniform Common Interest Ownership Act governs condominiums, cooperatives, and planned communities created on or after September 30, 2009, and extends selected provisions to older communities as well. It covers formation and governance of the association, declarations and bylaws, owner meetings and records, assessments and liens, and consumer protections for purchasers, including resale disclosure. Associations under this act must furnish both a resale certificate and a separate statement of unpaid assessments on request, each subject to a statutory fee cap and delivery deadline.
25 Del. C. 81-409 (Resales of Units)
This section requires the seller of a unit to give the buyer a resale certificate disclosing the association's governing documents, financial condition, and the unit's assessment and compliance history before the sale is final. The statute sets a fee cap for producing the certificate, a deadline for the association to deliver it, and a buyer right to cancel the purchase contract if it is not delivered on time.
25 Del. C. 81-316 (Lien for Assessments; Statement of Unpaid Assessments)
Apart from the resale certificate, this section entitles a unit owner to request a statement from the association showing the unpaid assessments against the unit, which then binds the association as to that amount. The statute caps the fee the association may charge for the statement and sets a deadline for delivering it.
The notice Havn prints on every Delaware resale certificate
Every Delaware document Havn prepares carries a notice that tells the reader where the document comes from and what Delaware law says about it. This is the wording, act by act.
25 Del. C. 81-409Condominiums, cooperatives, and HOAs and planned communities
This resale certificate is furnished under 25 Del. C. 81-409 of the Delaware Uniform Common Interest Ownership Act. The information in it is correct as of a date not more than 120 days before the certificate is furnished to the purchaser. If the purchaser was not given this certificate before signing the contract to purchase the unit, the purchaser may cancel the contract within 5 calendar days after first receiving it, and only before conveyance. The purchaser is not liable for any unpaid assessment or fee against the unit greater than the amount stated in this certificate. The association must furnish this certificate within 10 days after the unit owner requests it, and it may charge no fee for a certificate furnished after that period. Except in cases of fraud, gross negligence, recklessness, or willful misconduct, the association's liability for an error or omission in this certificate is limited to the fee paid for it.
Delaware resale certificate: common questions
What is a Delaware resale certificate?
It is what Delaware law has the association provide when a home in condominiums, cooperatives, and HOAs and planned communities is sold: a statement of what the home owes and of the association's finances, insurance, and rules, under 25 Del. C. 81-409.
How much does a Delaware resale certificate cost?
Delaware caps the fee at $200. Inside the cap, the association or its management company sets the price.
How long does a Delaware association have to provide a resale certificate?
10 days, counted from the request. In Havn, a Delaware document delivered after that deadline carries no fee.
Is a resale certificate required in Delaware?
Yes, for condominiums, cooperatives, and HOAs and planned communities, under 25 Del. C. 81-409.
Can a buyer cancel after receiving a Delaware resale certificate?
Yes. The buyer has 5 days after receiving it to cancel the purchase contract.
Who pays for the resale certificate in Delaware?
Whoever orders it pays the association's fee, usually the seller or the closing agent on the seller's behalf, and the purchase contract can move the cost to the buyer.
What is included in a Delaware resale certificate?
What the home owes the association, the fees due at closing, the budget and reserves, the insurance the association carries, pending lawsuits, and the governing documents. The full list is in 25 Del. C. 81-409.
How do I get a resale certificate in Delaware?
Ask the association, or its management company if it has one. Many take the request through an online order page and deliver by email. Once asked, a Delaware association has 10 days. A buyer should ask the seller or the closing agent to order it.
Is this the same as a Delaware sales tax resale certificate?
No. A sales tax resale certificate is a form a retailer gives a supplier so it can buy goods without paying sales tax. It shares a name and nothing else. This page is about the HOA document used when a home is sold.
How Delaware compares with its neighbors
Management companies that work across state lines meet a different rule on each side. Delaware: $200, 10 days.
Maryland
Resale Certificate
$250
20 days
Required by statute
Pennsylvania
Resale Certificate
No fixed dollar cap
10 days
Required by statute
New Jersey
Resale Package
No fixed dollar cap
10 days
Not required by statute
See all 51 jurisdictions on the map, compare every state in the fee and deadline table, or read about lender questionnaires, estoppel letters, and demand letters.
Your next Delaware resale certificate could write itself.
The resale platform is free for the association. The requester pays for the document, never more than Delaware's $200 cap. No contract to sign.