Agency Disclosure and Landlord-Tenant Law
Delaware licensees must disclose their agency relationship and, when managing rentals, follow the state's landlord-tenant code. This chapter covers agency disclosure, dual agency, and the Residential Landlord-Tenant Code.
Mandatory Agency Disclosure
Delaware requires licensees to disclose whether they represent the seller, the buyer, both, or neither so consumers understand the relationship before sharing confidential negotiating information. The disclosure is informational and protects the consumer; it does not by itself change price terms or the consumer's right to seek legal advice.
Dual Agency With Consent
Delaware permits dual agency only with the informed consent of both the buyer and the seller. A dual agent cannot fully advocate for either party and must protect each side's confidential information. Undisclosed dual agency is prohibited, so the arrangement must be disclosed and consented to before it is undertaken.
Residential Landlord-Tenant Code
Brokers who manage property or work with landlords and tenants must follow the Delaware Residential Landlord-Tenant Code, which governs security deposits, leases, required notices, and eviction procedures. This code operates alongside license law and any applicable federal rules, and property-management practice at the broker level requires familiarity with its requirements.