Don’t Believe Greedy Delaware Real Estate Brokers, Old Smoke Detectors Must be Replaced

As the real estate market becomes more challenging for everyone, we’re seeing an increase in broker and agent misrepresentation that compromises the safety of the future occupants.

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We’ve been involved in three home inspection disputes in the last nine months involving installed smoke detectors in existing home listings. In each case, the seller’s representative (which included brokers and agents alike), tried to minimize the risk posed by smoke detectors that were well over ten years old. The commonality in all three cases was that each attempt to minimize a legitimate, potentially lethal safety concern, was centered on an alleged lack of “code” requiring replacement of these devices. In one case, the broker even said that detectors that were almost 20 years old were a “nearing the end of service life issue” and, because they still worked, “were not a legitimate safety concern.” Nothing could be further from the truth, but that didn’t stop this greed-fueled ignorance from dragging out negotiations needlessly and uttering the old threadbare phrases, the deal killing inspector doesn’t know what he’s talking about, blah, blah, blah.

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Yes, all smoke detectors in Delaware must be replaced every 10 years, regardless of battery type. The Delaware State Fire Marshal and local fire departments recommend replacing any smoke alarm that is 10 years old or older, even if it is a 10-year sealed-battery unit. You should replace a unit sooner if it begins to chirp, is no longer operational, or if you can't find a manufacture date.

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Key requirements and recommendations

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10-year replacement:

All smoke alarms must be replaced at least every 10 years from the date of manufacture, according to the Delaware State Fire Marshal.

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Check the date:

If you don't see a manufacture date on the device, the alarm is too old and must be replaced.

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Replace sooner if needed:

Replace a unit before the 10-year mark if it starts to chirp, shows signs of aging (like yellowing), or continues to activate for no reason after a battery change.

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Battery-only to 10-year sealed battery:

If your existing battery-powered smoke alarm is no longer operational, it must be replaced with a 10-year sealed-battery unit.

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Hard-wired units:

Even hard-wired alarms with battery backups have a 10-year service life and must be replaced.

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Be careful who you put your trust in. Setting aside the moral turpitude involved with a real estate professional deliberately misrepresenting a well-established safety defect by dismissing it and downplaying the risks, this practice is a violation of state law(s). No matter of false pride or sales profit should compromise a family’s safety, and, for Tokori’s customers, it never will.

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