Hiring a Real Estate Lawyer in Delaware
What a home seller in Delaware must disclose, how foreclosure works, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Delaware: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. |
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| If you disagree with a lawyer's bill | Fee disputes are not handled by the Office of Disciplinary Counsel; it refers them to the Delaware State Bar Association's Fee Dispute Committee, which hears disputes between lawyers and clients (and between successive lawyers on the same matter). To start, the initiating party signs a Petition and an Agreement to Arbitration and delivers them to the Committee Chair (not to the DSBA office). The committee does not give legal advice about fee agreements. ODC referral: https://courts.delaware.gov/odc/complaint.aspx |
| If a lawyer takes your money | The Lawyers' Fund for Client Protection of the Supreme Court of Delaware can reimburse people who suffered financial losses from a lawyer's dishonest conduct. File a signed and notarized Statement of Claim with the Fund at The Renaissance Centre, 405 North King Street, Suite 500, Wilmington, DE 19801 (ARMS_LFCP@delaware.gov); no lawyer is needed. Claims are screened for eligibility and investigated, and the Trustees decide in their discretion whether and how much to pay, considering the money available, the number of claimants and hardship. The Fund also advises reporting attorney theft to the Attorney General's Office and to Disciplinary Counsel. |
Delaware rules to know first
| What a home seller must disclose | Yes. Under the Buyer Property Protection Act, a seller of residential real property (1 to 4 dwelling units) must disclose in writing to the buyer and agents all known material defects. The disclosure must be made before the seller signs the listing agreement and updated for material changes before settlement. Sellers must also give buyers any radon test information they have and notify them of known radon hazards. Some transfers are excluded. Re-verified 2026-10-27. |
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| How foreclosure works | Judicial. After a default, the lender forecloses by filing a lawsuit (a writ of "scire facias" on the mortgage) in the Superior Court of the county where the property is located. If the lender wins, the property is sold at a sheriff's sale, which the court must confirm. Re-verified 2026-10-27. Source: 10 Del. C. §§ 5061, 5063, 5065 |
| Foreclosure timeline | For a covered owner-occupied home, the foreclosure cannot be filed until 45 days after the Notice of Intent to Foreclose is sent. In mediation-eligible cases, the lender cannot seek judgment until the day after the scheduled mediation conference, and the homeowner's answer is timely if filed on or before the date of any scheduled mediation conference. No judgment may be entered (and no sheriff's sale held) on an owner-occupied 1- to 4-family home until the lender files an affidavit that the homeowner had the chance to apply for loss-mitigation programs. Re-verified 2026-10-27. |
| HOA foreclosure | A common interest community association has a statutory lien on a unit for assessments and fines, along with related fees, interest, court costs and reasonable attorney's fees. The lien generally has priority over a first or second mortgage only for up to six months of regular common expense assessments, and only if the association has recorded a required contact document. For condominiums and planned communities the lien is foreclosed like a mortgage on real estate (or by other procedures in the declaration), but only if the owner owes at least 3 months of assessments and the executive board votes to foreclose on that unit; an association owed only fines must first get a judgment. The lien is extinguished unless enforcement starts within 3 years after the full amount becomes due. The association may also sue the owner to collect or take a deed in lieu of foreclosure. Re-verified and corrected 2026-10-27. Source: 25 Del. C. § 81-316 |
Find and check a lawyer
| Lawyer referral service | The Delaware State Bar Association's Online Lawyer Referral Service (OLRS) is strictly a referral service: you submit a request online, and participating attorneys may choose to respond and set an appointment, with "a $35.00 fee for the initial 30 minute interview"; further fees are negotiated with the attorney. The DSBA asks people not to call its office for referrals; the online system is the only way it helps people find a lawyer, and it cannot recommend an attorney. |
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| Check discipline history or file a complaint | The Office of Disciplinary Counsel (ODC) assists the Delaware Supreme Court in regulating lawyers. It evaluates and investigates complaints that a lawyer violated the Delaware Lawyers' Rules of Professional Conduct and may start formal disciplinary proceedings. File the ODC Complaint Form online (preferred), or mail a printed form to ODC, Leonard L. Williams Justice Center, 500 N. King Street, Suite 500, Wilmington, DE 19801; complaints are not accepted in person or by phone, and a separate form is needed for each lawyer. ODC notifies you in writing of the outcome; the process is generally confidential and ODC does not decide fee disputes. Public discipline (disbarment, suspension, interim suspension, public reprimand, transfer to disability inactive status) is listed in the Digest of Lawyer Discipline. Phone: (302) 651-3931. Digest of Lawyer Discipline: https://courts.delaware.gov/odc/digest/ ; FAQs: https://courts.delaware.gov/odc/faqs.aspx |
Free legal help
| Free legal aid | The Delaware Legal Help Link (delegalhelplink.org) is a free online intake, available 24/7, for people who meet certain standards including federal poverty income guidelines; completing an intake does not guarantee representation. It is a collaboration of the Delaware State Bar Association, Delaware Bar Foundation, Delaware Volunteer Legal Services, Widener University Delaware Law School, Community Legal Aid Society, Inc., and Legal Services Corporation of Delaware, the state's LSC-funded legal aid organization. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Delaware · Background guide
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.