DE

Delaware Real Estate Closing Guide

⚖️ Attorney State
⚖️ Attorney State: Delaware has a high 3% realty transfer tax (split buyer/seller). Attorney involvement is required.

Delaware Closing Facts

Avg Closing Costs~3.90%
Avg Title Insurance$1,600
Transfer Tax Rate3.00%
Recording Fee Range$25–$100
Who Pays TitleSplit (Buyer & Seller)
Closing TypeAttorney Required
Title InsuranceLender's Policy
AbbreviationDE

How Closing Works in Delaware

  1. 1

    Sign the Purchase Agreement

    Both buyer and seller sign the purchase and sale agreement. This is the binding contract that sets price, contingencies, and the target closing date.

  2. 2

    Hire a Closing Attorney

    Because Delaware is an attorney state, you must engage a licensed real estate attorney immediately after signing the contract. The attorney will conduct the title search, prepare closing documents, and preside over the closing.

  3. 3

    Title Search & Title Insurance

    The title company searches public records to uncover any liens, easements, or title defects. Delaware's average title insurance cost is $1,600. The cost is split between buyer and seller.

  4. 4

    Lender Review (Financed Purchases)

    Your lender completes underwriting and issues a Closing Disclosure at least 3 business days before closing. Review it carefully — it lists all closing costs and loan terms.

  5. 5

    Closing Day

    Sign all transfer documents, pay closing costs including 3% transfer tax, and receive the deed. Avg recording fee in Delaware: $25–$100.

Top Title Companies in Delaware

  • ✓ Fidelity National Title
  • ✓ First American Title
  • ✓ Old Republic National Title

National carriers operate in most states. Local title companies often offer competitive rates.

Frequently Asked Questions

Is Delaware an attorney state?▼
Yes. Delaware is an attorney state — a licensed real estate attorney must conduct the closing and certify title.
What are typical closing costs in Delaware?▼
Closing costs in Delaware average about 3.90% of the purchase price. On a $400,000 home, that's approximately $15,600. Major line items include title insurance (~$1,600), transfer tax (3.00%), lender fees, and recording fees.
Who pays for title insurance in Delaware?▼
In Delaware, the cost is typically split between buyer and seller. This is customary but can be negotiated in the purchase agreement.
Does Delaware have a transfer tax?▼
Delaware charges a 3.00% transfer tax on real estate sales. Some counties may levy additional local transfer taxes.

📄 Official Closing Disclosure Resource

The CFPB provides a free guide to understanding your Closing Disclosure form.

View CFPB Closing Disclosure Guide →
Affiliate Disclosure: ClosingHub.com participates in affiliate programs. When you click partner links on this page and make a purchase or sign up, we may earn a commission at no extra cost to you. Our editorial content is independent of these relationships. See our full Disclaimer and Privacy Policy.