Sales subject to approval of Department of Finance or Chief County Financial Officer; prequalification of bidders.
Del. Code tit. 9, § 8726
in effect(a) The department of finance or the chief county financial officer as designated by the county governing body may approve or disapprove the final bid at a sale made by the sheriff under this subchapter for any public purpose or reason, including the failure of the successful bidder or its affiliates to comply with the requirements of any law or regulation with respect to any other real property owned by such successful bidder or its affiliates, the failure of such successful bidder or its affiliates to timely pay any amounts owed to the State or any county or municipality or the inability of the successful bidder to remedy any unlawful conditions at the property subject to such sheriff sale in a timely manner; provided that the notice of the public sale includes that such sale is “subject to the approval of the department of finance or the chief county financial officer” in the terms of sale. In the event the department of finance or the chief county financial officer does not approve the final bid at such sale, the said department of finance or chief county financial officer may expose the property to another and as many succeeding sales as it chooses.
(b) Provided that the notice of the public sale so indicates, the county governing body may require that bidders at a sheriff sale, prior to any bid, certify to the county governing body that such bidder, either directly or through any affiliated entities, does not own any interest in any real property in such county that:
(1) Has amounts past due identified in § 2901(a) of Title 25, in excess of $1,000; or
(2) Has been vacant for at least 18 consecutive months and such property is not subject to a valid building permit or a pending land use application.
Organizations that are exempt from federal taxation pursuant to § 501(c)(3) of the Internal Revenue Code [26 U.S.C. § 501(c)(3)] and that have been building, rehabilitating, and providing affordable housing units within the State for at least 5 years, and community development corporations, as defined in 42 U.S.C. § 9802, shall be exempt from these provisions upon certification of such status by the county.
(c) The county shall generate a certificate that the bidder shall present to the sheriff prior to the sale, and the sheriff shall require presentation of such certificate prior to registering any bidder. The county may establish a fee that reflects the costs of preparing and issuing the certificate that shall be paid by bidder prior to issuance of the certificate.
(d) For purposes of this section, “affiliated entity” means either of the following:
(1) Any other entity that is under common control with the bidder.
(2) Any person or entity who directly or indirectly holds any beneficial or ownership interest in the bidder of 5% or greater.
(e) If a sale is subject to approval of the department of finance or the chief county financial officer, no assignment of a successful bid shall occur without the approval of the department of finance or the chief county financial officer. If the county requires certification of bidders at a sale, no assignment of a successful bid shall occur unless the assignee secures a certification from the county consistent with requirements of this section or qualifies as a land bank pursuant to § 4703 of Title 31.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title9/c087/sc02/index.htmlFetched: 10/4/2026