Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 81-411
Release of liens
# (a)
In the case of a sale of a unit where delivery of a public offering statement is required pursuant to § 81-402(c) of this title, a seller
# (1)
Shall have the subject property released from all liens, except liens on real estate that a declarant has the right to withdraw from the common interest community, that the purchaser does not expressly agree to take subject to or assume and that encumber:
(i) In a condominium, that unit and its common element interest, and
(ii) In a cooperative or planned community, that unit and any limited common elements assigned thereto, or
# (2)
Shall provide a surety bond or substitute collateral for or insurance against the lien as provided for liens on real estate.
# (b)
Before conveying real estate to the association, the declarant shall have that real estate released from: (1) all liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units, and (2) all other liens on that real estate unless the public offering statement describes certain real estate that may be conveyed subject to liens in specified amounts.
Amendment history
76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, §§ 76, 82
Source: view the official text
In this title (40 sections)
- 25-81-317 · Other liens
- 25-81-318 · Association records
- 25-81-319 · Association as trustee
- 25-81-320 · Rules
- 25-81-321 · Litigation involving declarant
- 25-81-322 · [Reserved.]
- 25-81-323 · Removal of members of executive board
- 25-81-324 · Adoption of budget
- 25-81-325 · Service on associations and executive board
- 25-81-326 · Delaware corporations
- 25-81-401 · Applicability; waiver
- 25-81-402 · Liability for public offering statement requirements
- 25-81-403 · Public offering statement; general provisions
- 25-81-404 · Common interest communities subject to development right
- 25-81-405 · Time shares
- 25-81-406 · Common interest communities containing conversion buildings
- 25-81-407 · Common interest community securities
- 25-81-408 · Purchaser’s right to cancel
- 25-81-409 · Resales of units
- 25-81-410 · Escrow of deposits
- 25-81-411 · Release of liens
- 25-81-412 · Conversion buildings
- 25-81-413 · Express warranties of quality
- 25-81-414 · Implied warranties of quality
- 25-81-415 · Exclusion or modification of implied warranties of quality
- 25-81-416 · Statute of limitations for warranties
- 25-81-417 · Effect of violations on rights of action; attorneys’ fees
- 25-81-418 · Labeling of promotional material
- 25-81-419 · Declarant’s obligation to complete and restore
- 25-81-420 · Substantial completion of units
- 25-81-421 · Amendment to public offering statement
- 25-101 · Transfer of title to real estate by deed
- 25-102 · Effect of deeds by married women
- 25-103 · Circumstances under which wife may bar her dower without…
- 25-104 · Trustee for wife with a mental disability; barring of dower
- 25-105 · Trustee for husband with a mental disability; barring of…
- 25-106 · Effect of deed executed by trustee for spouse with a mental…
- 25-107 · Conveyance of real estate by married woman deserted without…
- 25-108 · Deeds and other instruments executed by the Home Owners’ Loan…
- 25-109 · Defeasance or contract for reconveyance; recording;…