reglab/housing_qa huggingface dataset:
6 DE Code § 3683. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 36. Home Construction and Improvement Protection|Subchapter III. New Home Buyers Fire Protection Act [For Applicability of Subchapter, See 80 Del. Laws, C. 145, § 3]|§ 3683. Remedies and penalties [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3].

§ 3683. Remedies and penalties [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3]. (a) In addition to any remedies the buyer may have at law or in equity, whenever it appears to the Attorney General or Director of the Division of Consumer Protection that a person has engaged in, is engaging in or is about to engage in any act or omission in violation of this subchapter, the Attorney General or Director of the Division of Consumer Protection may institute a court proceeding or administrative proceeding in accordance with the process in subchapter II of Chapter 25 of Title 29. However, upon a finding that any person has wilfully violated this subchapter, the person shall pay for the first offense a civil penalty not less than $75 nor more than $150, and for each subsequent offense, a civil penalty not less than $100 nor more than $250. For purposes of this subchapter, a wilful violation occurs when the person committing the violation knew or should have known that the conduct was of the nature prohibited by this subchapter. (b) The remedies and penalties provided for in this section are not exclusive and shall be in addition to any other procedures, rights or remedies which exist with respect to any other provisions of law including, but not limited to, criminal prosecutions and actions brought by private parties under common or statutory law or both. However, there shall be no liability or cause of action against a real estate licensee licensed under Chapter 29 of Title 24 or real estate brokerage arising out of or related to a builder failing to provide the information required by this subchapter or for the content of the information. Additionally, there shall be no liability or cause of action against any nonprofit builder using 0% financing to the buyer. 80 Del. Laws, c. 145, §  1;
6 DE Code § 4302. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter I. General Provisions|§ 4302. Waiver prohibited; separability; transactions not covered.

§ 4302. Waiver prohibited; separability; transactions not covered. (a) Any waiver of the buyer of this chapter shall be deemed contrary to public policy and shall be unenforceable and void. (b) If this chapter or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. (c) Except as provided in § 4315 of this title, this chapter shall not apply to any retail installment sale which is made for a cash sale price of $75 or less, where no title, lien or other security interest is retained or taken by the seller. This section shall not apply to sales made pursuant to the provisions of §§ 4334-4343 of this title. 6 Del. C. 1953, §  4302;  52 Del. Laws, c. 342.;
6 DE Code § 4303. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter II. Provisions of Retail Installment Contracts|§ 4303. Date; size of printed type.

§ 4303. Date; size of printed type. A retail installment contract shall be dated and in writing; the printed portion thereof shall be in at least 8-point type. 6 Del. C. 1953, §  4303;  52 Del. Laws, c. 342.;
6 DE Code § 4304. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter II. Provisions of Retail Installment Contracts|§ 4304. Contract to contain entire agreement; bold type headings; notice to buyer.

§ 4304. Contract to contain entire agreement; bold type headings; notice to buyer. Every retail installment contract shall contain:  (1) The entire agreement of the parties with respect to the cost and terms of payment for the goods and services, which terms of payment must coincide with those stated in any promissory notes or any other evidences of indebtedness between the parties relating to the transaction; (2) Either at the top of the contract or directly above the space reserved for the signature of the buyer, the words “conditional sale contract” or “lien contract,” as the case may be, shall appear in at least 10-point bold type where a security interest in the goods is retained or a lien on other goods or realty is obtained by the seller as security for the goods or services purchased. Either at the top of the contract or directly above the space reserved for the signature of the buyer, the words “retail installment contract” shall appear in at least 10-point bold type where security is not obtained by the seller for the goods or services purchased; (3) A notice in at least 8-point bold type reading as follows:  “Notice to the buyer: (1) Do not sign this agreement before you read it or if it contains any blank space. (2) You are entitled to a completely filled-in copy of this agreement. (3) Under the law, you have the right to pay off in advance the full amount due and under certain conditions to obtain a partial refund of the service charge.”6 Del. C. 1953, §  4304;  52 Del. Laws, c. 342.;
6 DE Code § 4305. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter II. Provisions of Retail Installment Contracts|§ 4305. Information required to be shown in contract.

§ 4305. Information required to be shown in contract. (a) Except as provided in §§ 4327-4332 of this title, a contract shall contain the following:  (1) The names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer and a description of the goods or services sufficient to identify them. Services or multiple items of goods may be described in general terms and may be described in detail sufficient to identify them in a separate writing. (2) The cash sale price of the goods, services and accessories which are the subject matter of the retail installment sale. (3) The amount of the buyer's down payment, itemizing the amounts paid in money and in goods and containing a brief description of the goods, if any, traded in. (4) The difference between paragraphs (a)(1) and (2) of this section. (5) The amount, if any, included for insurance, specifying the coverages and the cost of each type of coverage. (6) The amount, if any, of official fees. (7) The unpaid balance, which is the sum of paragraphs (a)(4), (5), and (6) of this section. (8) The amount of the service charge, if any. (9) The time balance, which is the sum of paragraphs (a)(7) and (8) of this section, payable by the buyer to the seller, the number of installments required, the amount of each installment expressed in dollars and the due date or period thereof. (10) The time sale price. (b) The items need not be stated in the sequence or order set forth above; additional items may be included to explain the computations made in determining the amount to be paid by the buyer. 6 Del. C. 1953, §  4305;  52 Del. Laws, c. 342.;
6 DE Code § 4306. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter II. Provisions of Retail Installment Contracts|§ 4306. Blank spaces to be filled in before signing by buyer.

§ 4306. Blank spaces to be filled in before signing by buyer. The seller shall not obtain the signature of the buyer to a contract when it contains blank spaces to be filled in after it has been signed. 6 Del. C. 1953, §  4306;  52 Del. Laws, c. 342.;
6 DE Code § 4307. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter II. Provisions of Retail Installment Contracts|§ 4307. Insurance; cost and procurance of; notice or copy of policy to be furnished to buyer.

§ 4307. Insurance; cost and procurance of; notice or copy of policy to be furnished to buyer. If the cost of any insurance is included in the contract and a separate charge is made to the buyer for such insurance:  (1) The contract shall state whether the insurance is to be procured by the buyer or the seller; (2) The amount included for the insurance shall not exceed the premiums chargeable in accordance with the rate fixed for such insurance by the insurer; (3) If the insurance is to be procured by the seller or holder, the seller or holder shall, within 45 days after delivery of the goods or furnishing of the services under the contract, deliver, mail or cause to be mailed to the buyer, at the seller's or holder's address as specified in the contract, a notice thereof or a copy of the policy or policies of insurance or a certificate or certificates of the insurance so procured.6 Del. C. 1953, §  4307;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4308. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter II. Provisions of Retail Installment Contracts|§ 4308. Delinquency charges.

§ 4308. Delinquency charges. A contract may provide for the payment by the buyer of a delinquency charge on each installment in default for a period of not less than 10 days in an amount not in excess of 5 percent of such installment or $5.00, whichever is less, but a minimum charge of $1.00 may be made. Only 1 such delinquency charge may be collected on any such installment regardless of the period during which it remains in default. The contract may also provide for payment of any actual and reasonable costs of collection occasioned by removal of the goods from the State without written permission of the holder, or by the failure of the buyer to notify the holder of any change of residence, or by the failure of the buyer to communicate with the holder for a period of 45 days after any default in making payments due under the contract. 6 Del. C. 1953, §  4308;  52 Del. Laws, c. 342.;
6 DE Code § 4309. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter II. Provisions of Retail Installment Contracts|§ 4309. Copy of signed contract to be furnished to buyer; acknowledgment by buyer.

§ 4309. Copy of signed contract to be furnished to buyer; acknowledgment by buyer. The seller shall deliver or mail to the buyer, at the address shown on the contract, a legible copy thereof completed, in accordance with the provisions of this chapter. Until the seller does so, the buyer shall be obligated to pay only the cash sale price. Any acknowledgment by the buyer of delivery of a copy of the contract shall be printed or written in a size equal to at least 10-point bold type and, if contained in the contract shall also appear directly above the space reserved for the buyer's signature. The buyer's written acknowledgement, conforming to the requirements of this section of delivery of a copy of a contract, shall be a conclusive presumption of such delivery and of compliance with this section and § 4306 of this title, in any action or proceeding by or against an assignee of the contract without knowledge to the contrary when the assignee purchases the contract. 6 Del. C. 1953, §  4309;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4310. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter III. Restrictions on Retail Installment Contracts|§ 4310. Contracts made by mail or telephone without solicitation by salesperson.

§ 4310. Contracts made by mail or telephone without solicitation by salesperson. Retail installment sales negotiated and entered into by mail or telephone without personal solicitation by a salesperson or other representative of the seller, where the seller's cash and deferred payment prices and other terms are clearly set forth in a catalog or other printed solicitation of business which is generally available to the public, may be made as hereinafter provided. All the provisions of this chapter shall apply to such sales except that the seller shall not be required to deliver a copy of the contract to the buyer as provided in § 4309 of this title, and if, when the proposed retail installment sale contract is received by the seller from the buyer, there are blank spaces to be filled in, the seller may insert in the appropriate blank spaces the amounts of money and other terms which are set forth in the seller's catalog which is then in effect. In lieu of the copy of the contract provided for in § 4309 of this title, the seller shall, within 15 days from the date of shipment of goods, furnish to the buyer a written statement of the items inserted in such blank spaces. 6 Del. C. 1953, §  4310;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4311. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter III. Restrictions on Retail Installment Contracts|§ 4311. Provisions prohibited in contracts.

§ 4311. Provisions prohibited in contracts. No contract or obligation shall contain any provision by which:  (1) The buyer agrees not to assert against a seller a claim or defense arising out of the sale or agrees not to assert against an assignee such a claim or defense other than as provided in § 4312 of this title; (2) In the absence of the buyer's default in the performance of any obligations, the holder may, arbitrarily and without reasonable cause, accelerate the maturity of any part or all of the amount owing thereunder; (3) The seller or holder of the contract or other person acting as agent is given authority to enter upon the buyer's premises unlawfully or to commit any breach of the peace in the repossession of goods; (4) The buyer waives any right of action against the seller or holder of the contract or other person acting as agent, for any illegal act committed in the collection of payments under the contract or in the repossession of goods; (5) The buyer executes a power of attorney appointing the seller or holder of the contract, or other person acting as agent, as the buyer's agent in the repossession of goods; (6) The buyer relieves the seller from liability for any legal remedies which the buyer may have against the seller under the contract or any separate instrument executed in connection therewith.6 Del. C. 1953, §  4311;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4312. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter III. Restrictions on Retail Installment Contracts|§ 4312. Assignment of contract; notice to buyer.

§ 4312. Assignment of contract; notice to buyer. No right of action or defense arising out of a retail installment sale which the buyer has against the seller, and which would be cut off by assignment, shall be cut off by assignment of the contract to any third party whether or not the third party acquires the contract in good faith and for value unless the assignee given notice of the assignment to the buyer as provided in this section and within 15 days of the mailing of such notice receives no written notice of the facts giving rise to the claim or defense of the buyer, or unless the assignee acquires the contract or evidence of indebtedness relying in good faith upon a certificate of completion or certificate of satisfaction signed by the buyer. A notice of assignment shall be in writing addressed to the buyer at the address shown on the contract and shall identify the contract and state that the buyer must, within 15 days of the date of mailing of such notice, notify the assignee in writing of any facts giving rise to a claim or defense which the buyer may have. The notice of assignment shall state the name of the seller and buyer, a description of the goods and services, the time balance and the number and amounts of the installments. If a certificate of completion or satisfaction is relied upon, the following notation must appear at the top thereof in at least 10 point bold type: “Notice to Buyer — Do Not Sign this certificate until all services have been satisfactorily performed and materials supplied or goods received and found satisfactory.” 6 Del. C. 1953, §  4312;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4313. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter III. Restrictions on Retail Installment Contracts|§ 4313. Prohibition of lien on goods fully paid for.

§ 4313. Prohibition of lien on goods fully paid for. No contract other than 1 for services shall provide for a lien on any goods theretofore fully paid for or which have not been sold by the seller. 6 Del. C. 1953, §  4313;  52 Del. Laws, c. 342.;
6 DE Code § 4314. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter III. Restrictions on Retail Installment Contracts|§ 4314. Prohibited provisions in contract as void.

§ 4314. Prohibited provisions in contract as void. Any provision in a contract which is prohibited by this chapter shall be void but shall not otherwise affect the validity of the contract. 6 Del. C. 1953, §  4314;  52 Del. Laws, c. 342.;
6 DE Code § 4315. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IV. Service Charge Limitations|§ 4315. Service charges authorized; calculation.

§ 4315. Service charges authorized; calculation. A retail seller or the holder of a retail installment contract may charge and collect a service charge in respect of a retail installment sale and may calculate such service charge in the manner and at the rate or rates specified in the contract governing the sale. 6 Del. C. 1953, §  4315;  52 Del. Laws, c. 342;  62 Del. Laws, c. 228, §§  8, 9;  63 Del. Laws, c. 2, §  16;
6 DE Code § 4316. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IV. Service Charge Limitations|§ 4316. Period of installment payments.

§ 4316. Period of installment payments. Contracts may be payable in successive monthly, semimonthly or weekly installments. 6 Del. C. 1953, §  4316;  52 Del. Laws, c. 342.;
6 DE Code § 4317. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IV. Service Charge Limitations|§ 4317. Charges included in contract service charge; additional charges prohibited.

§ 4317. Charges included in contract service charge; additional charges prohibited. The service charge shall be inclusive of all charges incident to investigating and making the contract and for the extension of the credit provided for in the contract, and no fee, expense or other charge whatsoever shall be taken, received, reserved or contracted for except as otherwise provided in this chapter. 6 Del. C. 1953, §  4318;  52 Del. Laws, c. 342;  63 Del. Laws, c. 2, §  16;
6 DE Code § 4318. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IV. Service Charge Limitations|§ 4318. Charges included in contract service charge; additional charges prohibited.

§ 4318. Charges included in contract service charge; additional charges prohibited. Transferred.
6 DE Code § 4319. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IV. Service Charge Limitations|§ 4319. Splitting or dividing of sales transactions prohibited.

§ 4319. Splitting or dividing of sales transactions prohibited. Repealed by 63 Del. Laws, c. 2, § 16, eff. June 1, 1981.
6 DE Code § 4320. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter V. Payments|§ 4320. Payment to last known holder as discharge of buyer in absence of notice of assignment.

§ 4320. Payment to last known holder as discharge of buyer in absence of notice of assignment. Unless the buyer has notice of actual or intended assignment of a contract or installment account, payment thereunder made by the buyer to the last known holder of such contract or installment account, shall to the extent of the payment, discharge the buyer's obligation. 6 Del. C. 1953, §  4320;  52 Del. Laws, c. 342.;
6 DE Code § 4321. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter V. Payments|§ 4321. Periodic statements of account.

§ 4321. Periodic statements of account. At any time after its execution, but not later than 1 year after the last payment made thereunder, the holder of a contract shall, upon written request of the buyer made in good faith, promptly give or forward to the buyer a detailed written statement which will state with accuracy the total amount, if any, unpaid thereunder. Such a statement shall be supplied by the holder once each year without charge; if any additional statement is requested by the buyer, the holder shall supply such statement to the buyer at a charge not exceeding $1.00 for each additional statement supplied to the buyer. The provisions of this section shall not apply to those transactions wherein, instead of periodic statements of account, the buyer is provided with a passbook, payment book or coupon book in which all payment, credits, charges and the unpaid balance are indicated. 6 Del. C. 1953, §  4321;  52 Del. Laws, c. 342.;
6 DE Code § 4323. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter V. Payments|§ 4323. Acknowledgment of payment in full; release of security in goods.

§ 4323. Acknowledgment of payment in full; release of security in goods. After the payment of all sums for which the buyer is obligated under a contract and upon demand made by the buyer, the holder shall deliver, or mail to the buyer's last known address, such 1 or more good and sufficient instruments as may be necessary to acknowledge payment in full and to release all security in the goods under such contract. 6 Del. C. 1953, §  4323;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4324. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter VI. Refinancing and Consolidation|§ 4324. Deferred payments; charges.

§ 4324. Deferred payments; charges. A holder may at any time or from time to time permit a buyer to defer installment payments due under the terms of a retail installment contract and may, in connection with such deferral, charge and collect deferral charges and may also require payment by such buyer of the additional cost to the holder of premiums for continuing in force, until the end of such period of deferral, any insurance coverage provided in connection with the contract. 6 Del. C. 1953, §  4324;  52 Del. Laws, c. 342;  63 Del. Laws, c. 2, §  18;