reglab/housing_qa huggingface dataset:
24 DE Code § 2927. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 29. Real Estate Services, Brokers, Associate Brokers and Salespersons|Subchapter II. Business Relationships|§ 2927. Certain psychological impacts not material facts.

§ 2927. Certain psychological impacts not material facts. (a) The fact or suspicion that a property might be or is psychologically impacted is not a material fact that must be disclosed in a real property transaction. (b) No cause of action shall arise against an owner or landlord of real property or a licensee for failure to inquire about, make a disclosure about or release information about the fact or suspicion that such property is psychologically impacted. (c) Except as stated in subsection (d) of this section if a customer or client makes a specific written request to the owner, landlord or licensee about the psychological impacts regarding a specific property, the owner, landlord or licensee shall answer the questions truthfully, to the best of such owner's, landlord's or licensee's knowledge. The licensee shall have no duty to inquire about the psychological impacts regarding a specific property unless a customer or client, in writing, specifically requests the licensee to ask the owner or landlord for such information. (d) The owner, landlord or licensee shall not make any disclosure concerning those psychological impacts of HIV, AIDS, or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place even if a customer or client specifically asks about such psychological impacts. 68 Del. Laws, c. 154, §  1;  71 Del. Laws, c. 103, §  4;  78 Del. Laws, c. 166, §  1;
24 DE Code § 2928. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 29. Real Estate Services, Brokers, Associate Brokers and Salespersons|Subchapter II. Business Relationships|§ 2928. Internet and World Wide Web.

§ 2928. Internet and World Wide Web. Entering a name and email address on an Internet or World Wide Web site is sufficient to establish a broker-consumer relationship for the use of that system, but does not in of itself create a broker-customer or client relationship for any other purpose. The broker may deliver the CIS by the Internet or World Wide Web and the customer may acknowledge receipt of it electronically. However, an exclusive business relationship or obligation for the customer or client to pay any compensation may only be created by a written brokerage agreement signed by the customer or client as a separate document. If the brokerage agreement is signed electronically it may not be part of a general consent to the terms of use of an Internet or World Wide Web site or other electronic device, but must be a conspicuous separate document. 75 Del. Laws, c. 277, §  6;  78 Del. Laws, c. 166, §  1;
24 DE Code § 2929. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 29. Real Estate Services, Brokers, Associate Brokers and Salespersons|Subchapter II. Business Relationships|§ 2929. Financial information.

§ 2929. Financial information. Licensees do not have a duty to conduct an independent investigation of the customer's or client's financial condition and do not have a duty to independently verify the accuracy or completeness of financial statements made by the customer or client or any independent inspector, auditor, or lender, but if the licensee has actual knowledge of false financial information, the licensee shall advise the party to correct it and shall not pass on the information known to be false. 75 Del. Laws, c. 277, §  6;  78 Del. Laws, c. 166, §  1;
24 DE Code § 2931. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 29. Real Estate Services, Brokers, Associate Brokers and Salespersons|Subchapter II. Business Relationships|§ 2931. Competitive market analysis (“CMA”).

§ 2931. Competitive market analysis (“CMA”). A competitive market analysis is not an appraisal. A licensee may perform a competitive market analysis as part of providing real estate services. However, a licensee shall not perform a competitive market analysis for the mortgagee on a property that is the subject of a signed agreement of sale. A competitive market analysis as permitted under this chapter shall meet the following criteria:  (1) A competitive market analysis shall only be prepared for the following purposes:  a. An existing or potential seller or owner for the purpose of listing a property for sale or lease; or b. An existing or potential buyer or tenant for the purpose of purchasing or leasing a property for sale or lease; (2) The following disclosure shall appear in at least a 12-point bold face type font and located immediately following the estimated market price:  “Notwithstanding any language to the contrary contained herein, this Competitive Market Analysis is NOT an appraisal of the market value for property and is not intended to be used for any legal purpose including approval of a mortgage loan, modification of a mortgage loan, divorce/property separation, estate settlement, bankruptcy proceedings or any other purpose where real estate value is needed. If an appraisal is desired, the services of a licensed or certified appraiser must be obtained.” (3) The competitive market analysis shall comply with the content requirements as provided in the rules and regulations.78 Del. Laws, c. 166, §  1;
24 DE Code § 2932. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 29. Real Estate Services, Brokers, Associate Brokers and Salespersons|Subchapter II. Business Relationships|§ 2932. Common law of agency.

§ 2932. Common law of agency. (a) For transactions where the consumer hires a broker as a common law agent, and the broker agrees to become the consumer's common law agent, the common law of agency applies to the extent it is not inconsistent with applicable provisions of this chapter. (b) The duties of a licensee as a common law agent and corresponding liabilities of the client begin and terminate based upon the common law of agency. (c) Common law agency disclosure. — (1) All licensees in a common law agency relationship must disclose, in writing, whom they represent. This disclosure shall be made to all parties to a transaction who the licensee does not represent but with whom the licensee has substantive contact, such as prospective sellers, lessors, buyers and lessees. (2) This disclosure referenced in subsection (a) of this section shall be made at the first substantive contact between the licensee and the person the licensee does not represent. A listing broker who is not also the selling Broker and who has no substantive contact with the prospective buyer or lessee, need not make any agency disclosure to the prospective buyer or lessee. (3) The Commission may adopt rules and regulations to prescribe the form of disclosure to be used by licensees or minimum criteria for the form of disclosure. (4) Licensees shall not function in the capacity of a common law agent for transactions concerning a 1-to-4 family residential property unless they have established that relationship in writing and the policy of the broker is to represent only the seller or buyer as a single agent for each transaction and never as a dual agent.68 Del. Laws, c. 166, §  1;  71 Del. Laws, c. 103, §  4;  75 Del. Laws, c. 277, §§  1, 2, 6;  78 Del. Laws, c. 166, §  1;
24 DE Code § 2933. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 29. Real Estate Services, Brokers, Associate Brokers and Salespersons|Subchapter II. Business Relationships|§ 2933. Statutory agency.

§ 2933. Statutory agency. (a) The common law of agency relative to brokerage relationships in real estate services transactions established pursuant to this chapter is expressly abrogated for any licensee functioning as a broker, associate broker, or salesperson, licensee owner, or brokerage organization as defined in this chapter as a statutory agent. The remainder of this subchapter is intended to occupy completely the field of law relative to brokerage relationships for those real estate services transactions with the licensee or licensee's functioning as statutory agents. For those areas where the public, licensees, regulators, or courts need further guidance as to the conduct of statutory agents, customers and clients, the law governing independent contractor relationships shall apply to the extent it is not inconsistent with the provisions of this chapter. (b) Statutory interpretation. — Performing the functions of a statutory agent as described in this chapter and the rules and regulations of the Commission shall not be construed to automatically or by implication create a common law agency relationship. This section through § 2938 of this title shall be construed as rules of conduct describing how a licensee works for clients, works with customers, or interacts with the general public as a statutory agent in the capacity of an independent contractor and not as a common law agent. (c) Presumed statutory agency. — (1) For properties marketed for sale of 1-to-4 family residences or single lot sales of land intended for a 1-to-4 family residence:  a. The licensee working for the buyer is presumed to be a statutory agent representing the buyer; b. A licensee working for the seller is presumed to be a statutory agent representing the seller; and c. A licensee working for both buyer and seller is presumed to be a statutory agent representing both parties as a dual agent. (2) For new construction onsite sales offices for 1-to-4 family residences or single lot sales of land intended for a 1-to-4 family residence, the onsite licensee shall be presumed to be a statutory agent representing the builder or seller. (3) The presumption of agency may be rebutted by the consumer signing a consumer information statement establishing a different agency relationship.78 Del. Laws, c. 166, §  1;
24 DE Code § 2934. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 29. Real Estate Services, Brokers, Associate Brokers and Salespersons|Subchapter II. Business Relationships|§ 2934. Commencement and termination of duties.

§ 2934. Commencement and termination of duties. (a) Commencement of duties for a statutory agent. — The duties of confidentiality as required by § 2936(c) of this title begin upon first contact between a licensee and the customer. The other statutory duties between a licensee and client as required by this subchapter begin upon the earlier of:  (1) The first scheduled appointment; (2) The first showing of a property; (3) Making an offering; or (4) Otherwise working for the client; unless a CIS is signed indicating there is no agency relationship. For transactions exempt from providing the CIS, the duties of the agent commence when the parties form an agency relationship. (b) Duties of a statutory agent after termination. — A licensee and brokerage organization owe no further duty or obligation to the customer or client after termination, expiration, completion or performance of the transaction or other termination of the brokerage relationship, except the duties of:  (1) Accounting in a timely manner for all money and property related to, and received during the relationship; and (2) Treating as confidential the information provided by the customer or client during the course of the relationship that may reasonably be expected to have a negative impact on the customer or client's real estate activity unless:  a. The customer or client to whom the information pertains grants written consent; b. Disclosure of the information, such as defects actually known by the licensee or previously disclosed by the seller on the seller's disclosure of real property condition report or radon disclosure or any other statutorily required form, is required by law; c. The information is made public or becomes public by the words or conduct of the customer or client to whom the information pertains or from a source other than the licensee or brokerage organization; or d. Disclosure is necessary to defend the licensee or brokerage organization against an action of wrongful conduct in an administrative or judicial proceeding or before a committee of a professional association.75 Del. Laws, c. 277, §  6;  76 Del. Laws, c. 258, §  3;  78 Del. Laws, c. 166, §  1;
24 DE Code § 2935. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 29. Real Estate Services, Brokers, Associate Brokers and Salespersons|Subchapter II. Business Relationships|§ 2935. Duty to cooperate.

§ 2935. Duty to cooperate. (a) Licensees shall cooperate with all other licensees involved in a transaction except when cooperation is not in the customer's or client's best interest. The obligation to cooperate does not include any obligation to share commissions or to otherwise compensate another licensee. (b) In order to cooperate, licensees shall be reasonably available when requested by their customer or client to:  (1) Accept delivery of and present to the customer or client offers and counteroffers to buy, sell, or lease the customer's or client's property, or the property the customer or client seeks to purchase or lease; (2) Assist the customer or client in developing, communicating, negotiating, and presenting offers, counteroffers, and notices that relate to offers and counteroffers until the agreement of sale or lease is signed and all contingencies are satisfied or waived; and (3) Answer the customer's or client's questions relating to the offers, counteroffers, notices, negotiations, and contingencies; and (4) Hold the escrow deposit. (c) In order to cooperate, licensees shall be reasonably available when requested by a cooperating licensee to undertake the activities described in subsection (b) of this section, but only after disclosing the request to their customer or client and receiving written authorization to undertake the requested activity. If the customer or client fails to authorize the licensee to undertake the requested activity, the licensee shall not undertake such activity. If the broker's or brokerage organization's business model includes offering all of the services explained in the CIS, rather than having separate charges for distinct real estate services, the CIS is sufficient disclosure or written authorization to undertake the activities described in subsection (b) of this section. 75 Del. Laws, c. 277, §  6;  76 Del. Laws, c. 258, §  9;  78 Del. Laws, c. 166, §  1;
24 DE Code § 2937. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 29. Real Estate Services, Brokers, Associate Brokers and Salespersons|Subchapter II. Business Relationships|§ 2937. Vicarious liability; protections when working with a statutory agent.

§ 2937. Vicarious liability; protections when working with a statutory agent. (a) A customer or client shall not be liable for a wrongful act, error, omission, or misrepresentation of the licensee except to the extent the customer or client had actual knowledge of the wrongful act, error, omission, or misrepresentation. (b) A licensee shall not be liable for a wrongful act, error, omission, or misrepresentation of the customer or client except to the extent the licensee had actual knowledge of the wrongful act, error, omission, or misrepresentation. (c) Nothing in this section shall be construed to diminish or limit any of the other duties or responsibilities of the licensee under this chapter, or the rules promulgated hereunder. (d) This chapter does not otherwise limit the liability of a broker, for an act, error, or omission of a licensee in the brokerage organization. Notwithstanding any other provision of this chapter, the employer of the licensee is vicariously liable as the employer would be under the doctrine of respondeat superior whether the licensee is employed by the broker or brokerage organization as an employee or as an independent contractor. (e) This section does not apply if the licensee or brokerage organization is hired as a common law agent. 75 Del. Laws, c. 277, §  6;  76 Del. Laws, c. 258, §  8;  78 Del. Laws, c. 166, §  1;
24 DE Code § 2939. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 29. Real Estate Services, Brokers, Associate Brokers and Salespersons|Subchapter II. Business Relationships|§ 2939. Limitations on local business licensing requirements, fees and taxes.

§ 2939. Limitations on local business licensing requirements, fees and taxes. (a) A county, municipality, or other political subdivision of the State shall not impose local business licensing requirements, fees, or taxes upon real estate brokers, associate brokers, brokerage organizations, or real estate salespersons for any of the following activities in that jurisdiction:  (1) Listing real estate for sale.  (2) Representing buyers in the purchase of real estate. (3) Rental of real estate for property owners or tenants unless the property is in a city with a population over 50,000.  (b) This section does not prohibit a jurisdiction from charging a real estate broker, associate broker, brokerage organization, or real estate salesperson with a physical office in that jurisdiction for a business license, fees, or taxes on the same basis as other businesses with offices in that jurisdiction. (c) This section does not prohibit a jurisdiction from charging a wage tax under that jurisdictions' ordinances on the same basis as other wages earned in that jurisdiction. 82 Del. Laws, c. 159, § 1;
24 DE Code § 3001. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 30. Mental Health and Chemical Dependency Professionals|Subchapter I. Board of Mental Health and Chemical Dependency Professionals|§ 3001. Objectives.

§ 3001. Objectives. (a) The primary objective of the Board of Mental Health and Chemical Dependency Professionals, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered. (b) The secondary objectives of the Board are to maintain minimum standards of licensee competency and to maintain certain standards in the delivery of services to the public. In meeting these objectives, the Board shall develop standards assuring professional competence; monitor complaints brought against licensees regulated by the Board; adjudicate at formal hearings; promulgate rules and regulations; and impose sanctions where necessary. 66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  72 Del. Laws, c. 267, §  1;  74 Del. Laws, c. 355, §  2;  75 Del. Laws, c. 83, §  1;
24 DE Code § 3002. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 30. Mental Health and Chemical Dependency Professionals|Subchapter I. Board of Mental Health and Chemical Dependency Professionals|§ 3002. Definitions.

§ 3002. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:  (1) “Board” means the Board of Mental Health and Chemical Dependency Professionals. (2) “Conversion therapy” means any practice or treatment that seeks to change an individual's sexual orientation or gender identity, as “sexual orientation” and “gender identity” are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. “Conversion therapy” does not mean any of the following:  a. Counseling that provides assistance to an individual who is seeking to undergo a gender transition or who is in the process of undergoing gender transition. b. Counseling that provides an individual with acceptance, support, and understanding without seeking to change an individual's sexual orientation or gender identity. c. Counseling that facilitates an individual's coping, social support, and identity exploration and development, including counseling in the form of sexual orientation-neutral interventions or gender identity-neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, without seeking to change an individual's sexual orientation or gender identity. (3) “Division” means the Division of Professional Regulation of the State of Delaware. (4) “Excessive use or abuse of drugs” means any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs a licensee's ability to perform the work of a licensed mental health or chemical dependency professional. (5) “Person” means a corporation, company, association and partnership, as well as an individual. (6) “Store and forward transfer” means the transmission of a patient's medical information either to or from an originating site or to or from the provider at the distant site, but does not require the patient being present nor must it be in real time. (7) “Substantially related” means the nature of the criminal conduct, for which a person was convicted, has a direct bearing on the fitness or ability of the person to perform 1 or more of the duties or responsibilities of a licensed mental health or chemical dependency professional.66 Del. Laws, c. 128, §  1;  68 Del. Laws, c. 52, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 267, §  1;  74 Del. Laws, c. 262, §  59;  74 Del. Laws, c. 355, §§  3, 4;  75 Del. Laws, c. 83, §  1;  80 Del. Laws, c. 80, §  14;  81 Del. Laws, c. 340, § 6;  82 Del. Laws, c. 261, §§  12, 16;  83 Del. Laws, c. 52, § 15;
24 DE Code § 3004. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 30. Mental Health and Chemical Dependency Professionals|Subchapter I. Board of Mental Health and Chemical Dependency Professionals|§ 3004. Organization; meetings; officers; quorum.

§ 3004. Organization; meetings; officers; quorum. (a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times as the President deems necessary, or at the request of a majority of the Board members. (b) The Board annually shall elect a president, vice-president and secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms. The office of president must rotate among the professions regulated and the public members. (c) A majority of the members shall constitute a quorum for the purpose of transacting business and no action shall be taken without the affirmative vote of a majority of the quorum. No disciplinary action shall be taken without the affirmative vote of a majority of the members of the Board, at least 1 of whom must be of the same profession as the individual being disciplined. (d) Minutes of all meetings shall be recorded and the Division shall maintain copies. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it. 66 Del. Laws, c. 128, §  1;  67 Del. Laws, c. 366, §  13;  68 Del. Laws, c. 52, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 267, §  1;  74 Del. Laws, c. 355, §  8;  75 Del. Laws, c. 83, §  1;
24 DE Code § 3005. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 30. Mental Health and Chemical Dependency Professionals|Subchapter I. Board of Mental Health and Chemical Dependency Professionals|§ 3005. Records.

§ 3005. Records. The Division shall keep a register of all approved applications for licenses under this chapter and complete records relating to meetings of the Board, rosters, changes, and additions to the Board's rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records are prima facie evidence of the proceedings of the Board. 72 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 83, §  1;