How to Pass the Delaware Real Estate Exam on Your First Try

Delaware is a small state with specific real estate laws you won't find elsewhere. The exam is 120 questions — 80 national and 40 state-specific — with a 75% passing threshold on both sections. It's administered by PSI.

Delaware Exam Fast Facts - Questions: 120 (80 national + 40 state) - Passing score: 75% on each section (60 national, 30 state) - Time limit: 4 hours - Provider: PSI - Pre-license education: 99 hours (salesperson) - Governing body: Delaware Real Estate Commission (under the Division of Professional Regulation)

The Delaware Real Estate Commission

The Delaware Real Estate Commission has 9 members: 7 licensees (including 1 property manager and 1 manufactured home specialist) and 2 public members. Members serve 3-year terms.

Key Commission facts: - Salesperson licenses renew every 2 years; 21 hours of CE required - The Commission enforces the Delaware Real Estate License Act (24 Del. C. Chapter 29) - License applicants must pass a background check - Delaware does not have a Recovery Fund; licensees are not required to carry E&O (though it's recommended)

Delaware Agency Law

Delaware's agency law is governed by the Real Estate Brokerage Relationships Act. The required disclosure form must be presented at first contact with a consumer.

Delaware recognizes: - Seller's agent: fiduciary duties to seller - Buyer's agent: fiduciary duties to buyer - Disclosed dual agent: both parties consent in writing; limited duties - Transaction licensee: assists parties without representing either

Important: In Delaware, a transaction licensee is the default relationship — the licensee assists both buyer and seller without fiduciary representation. This is different from dual agency, which requires consent from both parties.

Delaware's Unique Real Property Laws

Transfer Tax: Delaware charges a 4% real estate transfer tax on all sales (2% state + 2% county/municipality), split equally between buyer and seller (2% each by custom). This is heavily tested.

Delaware real estate attorneys: Delaware is an attorney state — an attorney must be involved in the closing process. The settlement agent is typically an attorney or title company. Expect questions about the attorney's role in closing.

Flood zones and coastal laws: Delaware's coastal areas are governed by the Delaware Coastal Zone Act, which restricts industrial development in coastal areas. Coastal properties require specific disclosures.

Lead paint: Delaware has strict lead-paint regulations for pre-1978 homes, particularly rental properties. Landlords must certify lead compliance before renting.

Trust Accounts

• Brokers must maintain a separate escrow account
• Deposits must be made within 5 banking days of contract ratification
• The broker is responsible for all trust account activity
• Records must be kept for 5 years

Topics That Catch Candidates Off Guard

4% transfer tax: Delaware's transfer tax is one of the highest in the country. Know who pays, how much, and when it applies.

Transaction licensee vs. dual agent: Many candidates conflate these. A transaction licensee doesn't need consent from anyone — it's the default. Dual agency requires written consent from all parties.

99-hour pre-license education: Delaware's 99-hour requirement is much higher than neighboring states. Candidates sometimes assume the education covers the full exam — it doesn't cover all state-specific content equally.

5-banking-day deposit rule: Delaware's 5-day rule differs from the common 3-day rule in other states. Know the Delaware-specific timeline.

Your 4-Week Delaware Study Plan

Week 1: National — agency, contracts, ownership, fair housing Week 2: National — financing, valuation, math, environmental Week 3: Delaware-specific — Commission structure, agency relationships, transfer tax, attorney state rules Week 4: Full practice exams. Target 80%+. Drill transfer tax calculations, transaction licensee vs. dual agent, and the 5-day deposit rule.

Practice for the Delaware Exam

[CARealestate.com/states/delaware](https://carealestate.com/states/delaware) has Delaware-specific practice questions covering Commission rules, agency law, transfer tax, and trust account requirements. 5 free questions, no signup needed.

Delaware's 75% threshold leaves less room for error than most states. The state section heavily tests the transfer tax rules and the transaction licensee framework — two topics that are Delaware-specific and won't appear in national prep materials.