Like all other “attorney states,” an attorney’s supervision is required for each real estate transaction involving property situated in Delaware. This, of course, means each transaction will have its own attorney fee.

A World of Difference

One of the country’s smallest states, Delaware is comprised of only 3 counties. A first-time homebuyer discount on the state transfer tax is one of the few statewide elements. Counties and towns may also offer additional discounts to first-time homebuyers on their own transfer taxes, although those discounts vary. In fact, the differences in closing fees from county to county here can be stark. For transfer taxes, the difference can be at the city or county (or both) level. For example, Delaware is home to many township-specific discounts and exemptions for the calculation of a transfer tax.

Delaware Deed Taxes

Deed taxes in Delaware real estate transactions can be assessed at the state as well as the county level.

Transfer Taxes

Finally, in Wilmington, the transfer tax rate is impacted by the parcel number of the property subject to the pending transaction. This determination answers the question of whether or not that property falls within the city proper, which affects the transfer tax calculation.

Wilmington or New Castle?

Also, as of January 2022, transfer taxes falling within Wilmington should be made payable to New Castle County, rather than Wilmington.

Last edited July 14, 2023

LodeStar Software Solutions prides itself on being the most accurate provider of the most up-to-date closing fees in the mortgage industry—so much so that we guarantee those rates. However, unlike the closing fee data we provide our clients through our product, LodeStar can only guarantee the accuracy of the content delivered through LE Challenges at the time of publication.LE Challenges is published solely for marketing and advertising purposes to provide an example of the depth and breadth of our commitment to providing accurate closing fees to its clients. While we do our best to update the content of LE Challenges as often as possible, the data shared here is in no way intended to serve as data to be relied upon in the generation of an actual Loan Estimate or any other element of a mortgage transaction.

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