reglab/housing_qa huggingface dataset:
6 DE Code § 4908A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49A. Auto Repair Fraud Prevention|§ 4908A. Required notice to customers.

§ 4908A. Required notice to customers. (a) All auto repair shops not otherwise complying with subsection (b) of this section shall post a sign, in a manner conspicuous to the public, which states as follows:  (1) The customer is entitled to receive a written or oral estimate; (2) No auto repair work charge may exceed the estimate without the customer's consent; (3) The facility shall offer to return to the consumer all replaced parts except those under warranty or trade-in parts returned to a manufacturer or distributor; and (4) Complaints can be made to the Consumer Protection and Fraud Division of the Delaware Department of Justice. (b) To the extent an auto repair facility does not post a sign pursuant to subsection (a) of this section, an automotive repair facility shall, prior to performing auto repair work, disclose to the customer on a separate document or the written estimate itself the following language:   “PLEASE READ CAREFULLY   CHECK ONE OF THE STATEMENTS BELOW AND SIGN   I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A WRITTEN ESTIMATE.    ________ I REQUEST A WRITTEN ESTIMATE.    ________ I REQUEST AN ORAL ESTIMATE.    ________ I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE REPAIR COSTS DO NOT EXCEED $________. THE SHOP MAY NOT EXCEED THIS AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.    ________ I WAIVE MY RIGHT TO AN ESTIMATE.   SIGNED __________________ DATE __________________ ”  The above language shall be in bold typeset at least as large as the size of the print in the main body of the document. The requirements of this section shall be effective as of January 1, 1997. 70 Del. Laws, c. 428, §  2;
6 DE Code § 4909A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49A. Auto Repair Fraud Prevention|§ 4909A. Enforcement and remedies.

§ 4909A. Enforcement and remedies. (a) The Attorney General shall have the same authority in enforcing, remedying, and otherwise carrying out the provisions of this chapter as is provided by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title. (b) Any violation of § 4903A of this title shall be deemed an unlawful practice in violation of § 2513 of this title. (c) Transactions where an automotive repair facility has violated the requirements of §§ 4903A, 4904A, 4905A, 4906A and/or 4907A of this title shall be voidable by the consumer in actions brought in the Justice of Peace Courts. In successful actions brought by consumers under this subsection, the automotive repair facility shall be liable to the customer for twice the amount of any consideration obtained in violation of this chapter and the costs of the action; provided however, that the customer must first allow the auto repair facility the opportunity to resolve the dispute prior to filing an action under this subsection; and the Court may further award a customer reasonable attorneys' fees. Nothing in this subsection shall prohibit a person from otherwise seeking a recovery in an action for damages against an automotive repair facility in a court of competent jurisdiction. (d) 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, state and/or federal criminal prosecutions and/or common law or statutory actions brought by private parties. 70 Del. Laws, c. 428, §  2;  77 Del. Laws, c. 282, §  13;
6 DE Code § 5001. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50. Automobile Warranties|§ 5001. Definitions.

§ 5001. Definitions. As used in this chapter:  (1) “Automobile” means any passenger motor vehicle which is leased or bought in Delaware or registered by the Division of Motor Vehicles in the Department of Transportation except the living facilities of motor homes. (2) “Consumer” means the purchaser, other than for purposes of resale, of an automobile; a person to whom an automobile is transferred during the duration of an express warranty applicable to the automobile; or any other person entitled by the terms of the warranty to enforce the obligations of the warranty. (3) “Dealer” means a person actively engaged in the business of buying, selling or exchanging automobiles at retail and who has an established place of business. (4) “Lien” means a security interest in an automobile. (5) “Lienholder” means a person with a security interest in an automobile pursuant to a lien. (6) “Manufacturer” means a person engaged in the business of manufacturing, assembling or distributing automobiles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new automobiles. (7) “Manufacturer's express warranty” or “warranty” means the written warranty of the manufacturer of a new automobile of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty. (8) “Nonconformity” means a defect or condition which substantially impairs the use, value or safety of an automobile.64 Del. Laws, c. 173, §  1;  66 Del. Laws, c. 36, §  1;  74 Del. Laws, c. 110, §  1;  80 Del. Laws, c. 213, § 1;
6 DE Code § 5002. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50. Automobile Warranties|§ 5002. Duty to repair nonconforming automobiles.

§ 5002. Duty to repair nonconforming automobiles. If a new automobile does not conform to the manufacturer's express warranty, and the consumer reports the nonconformity to the manufacturer or its agent or dealer during the term of the warranty or during the period of 1 year following the date of original delivery of an automobile to the consumer, whichever is earlier, the manufacturer shall make, or arrange with its dealer or agent to make, within a reasonable period of time, all repairs necessary to conform the new automobile to the warranty, notwithstanding that the repairs or corrections are made after the expiration of the term of the warranty or the 1-year period. 64 Del. Laws, c. 173, §  1;
6 DE Code § 5003. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50. Automobile Warranties|§ 5003. Remedies upon failure to repair.

§ 5003. Remedies upon failure to repair. (a) If the manufacturer, its agent or its authorized dealer does not conform the automobile to any applicable express warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer shall either replace the automobile with a comparable new automobile acceptable to the consumer or repurchase the automobile from the consumer and refund to the consumer the full purchase, including all credits and allowances for any trade-in vehicle; provided, however, that the consumer shall have the unqualified right to decline a replacement automobile and to demand instead a repurchase. (b) In instances in which an automobile is replaced by a manufacturer under this section, said manufacturer shall accept return of the automobile and reimburse the consumer for any incidental costs, including dealer preparation fees, fees for transfer of registration, sales taxes or other charges or fees incurred by the consumer as a result of such replacement. In instances in which an automobile which was financed by the manufacturer or its subsidiary or agent is replaced under this section, said manufacturer, subsidiary or agent shall not require the consumer to enter into any refinancing agreement for a replacement automobile which would create any financial obligations upon such consumer beyond those created by the original financing agreement. (c) In instances in which a refund is tendered under this section, the manufacturer shall accept return of the automobile from the consumer and shall reimburse the consumer for related purchase costs, including sales taxes, registration fees and dealer preparation fees, less:  (1) A reasonable allowance for the consumer's use of the automobile, not to exceed the full purchase price of the automobile multiplied by a fraction which consists of the number of miles driven before the consumer first reported the nonconformity to the manufacturer, its agent or dealer divided by 100,000 miles; and (2) A reasonable allowance for damage not attributable to normal wear and tear, but not to include damage resulting from a nonconformity. (d) Refunds shall be made to the consumer, and lienholder, if any, as their interests may appear. (e) No authorized dealer shall be held liable by the manufacturer for any refunds or automobile replacements in the absence of evidence indicating that dealership repairs have been carried out in a manner inconsistent with the manufacturer's instructions. 64 Del. Laws, c. 173, §  1;  66 Del. Laws, c. 36, §  3;
6 DE Code § 5004. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50. Automobile Warranties|§ 5004. Presumptions.

§ 5004. Presumptions. (a) It shall be presumed that a reasonable number of attempts have been undertaken to conform a new automobile to the manufacturer's express warranty if, within the warranty term or during the period of 1 year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date:  (1) Substantially the same nonconformity has been subject to repair or correction 4 or more times by the manufacturer, its agents or its dealers and the nonconformity continues to exist; or (2) The automobile is out of service by reason of repair or correction of a nonconformity by the manufacturer, its agents or its dealers for a cumulative total of more than 30 calendar days since the original delivery of the motor vehicle to the consumer. This 30-day limit shall commence with the first day on which the consumer presents the automobile to the manufacturer, its agent or dealer for service of the nonconformity and a written document describing the nonconformity is prepared by the manufacturer, its agent or dealer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer, its agents or its dealers, including war, invasion, strike, fire, flood or other natural disaster. (b) The presumption provided in this section shall not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to repair or correct the nonconformity; provided, however, that if the manufacturer does not directly attempt or arrange with its dealer or agent to repair or correct the nonconformity, the manufacturer may not defend a claim by a consumer under this chapter on the ground that the agent or dealer failed to properly repair or correct the nonconformity or that the repairs or corrections made by the agent or dealer caused or contributed to the nonconformity. 64 Del. Laws, c. 173, §  1;  66 Del. Laws, c. 36, §  4;
6 DE Code § 5005. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50. Automobile Warranties|§ 5005. Costs and attorneys' fees in breach of warranty actions.

§ 5005. Costs and attorneys' fees in breach of warranty actions. In any court action brought under this chapter by a consumer against the manufacturer of an automobile, or the manufacturer's agent or authorized dealer, based upon the alleged breach of an express warranty made in connection with the sale of such automobile, the court, in its discretion, may award the plaintiff's costs and reasonable attorney's fees or, if the court determines that the action is brought in bad faith or is frivolous in nature, may award reasonable attorney's fees to the defendant. 64 Del. Laws, c. 173, §  1;  66 Del. Laws, c. 36, §  5;  70 Del. Laws, c. 186, §  1;
6 DE Code § 5006. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50. Automobile Warranties|§ 5006. Affirmative defense to claim.

§ 5006. Affirmative defense to claim. It shall be an affirmative defense to a claim under this chapter that the alleged nonconformity does not substantially impair the use, value or safety of the new automobile or that the nonconformity is the result of abuse or neglect or of unauthorized modifications or alterations of the new automobile by anyone other than the manufacturer, its agent or dealer. 64 Del. Laws, c. 173, §  1;
6 DE Code § 5007. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50. Automobile Warranties|§ 5007. Informal dispute settlement procedure.

§ 5007. Informal dispute settlement procedure. (a) If a manufacturer has established an informal settlement procedure that has a certificate of approval by the Division of Consumer Protection, the remedies provided by this chapter shall not be available to any consumer who has not first resorted to such procedure. In the event a manufacturer's informal dispute settlement procedure does not have a certificate of approval from the Division of Consumer Protection, a consumer may immediately and directly seek the remedies provided by this chapter. (b) The Division of Consumer Protection shall annually evaluate the operation of informal dispute settlement procedures established by manufacturers and shall issue an annual certificate of approval to those manufacturers whose procedures comply with Title 16, Code of Federal Regulations, Part 703 and with subsections (c), (d) and (e) of this section. The Division of Consumer Protection shall suspend the certification of, or decertify, any informal dispute settlement which no longer complies with said provisions. (c) Any manufacturer who has established an informal settlement procedure shall file with the Division of Consumer Protection a copy of each decision of the informal dispute settlement procedure within 30 days after the decision is rendered. (d) In order to obtain the certification of the Division of Consumer Protection, a manufacturer's informal dispute settlement procedure shall not convene any informal dispute settlement hearing or meeting outside the State and shall refrain from any practices which:  (1) Delay a decision in any dispute beyond 65 days after the date on which the consumer initially resorts to the informal dispute settlement procedure by written notification that a dispute exists; or (2) Delay performance of remedies awarded in a settlement beyond 30 days after receipt of notice of the consumer's acceptance of the decision; provided, however, that such time limits shall not include periods of time when the consumer or the consumer's car is unavailable for the remedies specified in the settlement; or (3) Require the consumer to make the automobile available more than once for inspection by a manufacturer's representative or more than once for repair of the same nonconformity; or (4) Fail to consider in decisions any remedies provided by this chapter, such remedies to include:  a. Repair, replacement and refund; b. Reimbursement for related purchase costs; or (5) Require the consumer to take any action or assume any obligation not specifically authorized under the provisions of Title 16, Code of Federal Regulations, Part 703. (e) A manufacturer desiring annual certification of an informal dispute settlement procedure shall make application to the Division of Consumer Protection on forms developed by, and shall provide such information as required by, the Division of Consumer Protection. 64 Del. Laws, c. 173, §  1;  66 Del. Laws, c. 36, §  6;  69 Del. Laws, c. 291, §  98(c);
6 DE Code § 5008. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50. Automobile Warranties|§ 5008. Remedies cumulative.

§ 5008. Remedies cumulative. Nothing in this chapter shall in any way limit the rights or remedies available to a consumer under Subtitle I of this title. 64 Del. Laws, c. 173, §  1;
6 DE Code § 5009. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50. Automobile Warranties|§ 5009. Enforcement.

§ 5009. Enforcement. In addition to any remedies the consumer may have at law or in equity, a violation of this chapter shall be an unlawful practice as defined in § 2513 of this title. The Division of Consumer Protection shall promulgate rules and regulations in order to implement the purposes of this chapter. 64 Del. Laws, c. 173, §  1;  66 Del. Laws, c. 36, §  7;  69 Del. Laws, c. 291, §  98(c);
6 DE Code § 5001A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50A. Farm Equipment Warranties|§ 5001A. Definitions.

§ 5001A. Definitions. As used in this chapter:  (1) “Consumer” means a purchaser, other than for purposes of resale, of a new farm tractor, a person to whom the new farm tractor is transferred for the same purposes during the duration of an express warranty applicable to the farm tractor and any other person entitled by the terms of the warranty to enforce the terms of the warranty. In the case of an agricultural vehicle within the warranty period, the sale must be made through an authorized farm equipment dealer. (2) “Fair rental value” means the rental value calculated in accordance with the “Tractor and Farm Equipment Trade-In Guide” published by the National Farm and Power Equipment Dealers Association. (3) “Farm tractor” means any self-propelled vehicle which is designed primarily for pulling or propelling agricultural machinery and implements and is used principally in the occupation or business of farming, including an implement of husbandry that is self-propelled. (4) “Manufacturer” means a person engaged in the business of manufacturing, assembling or distributing farm tractors, who under normal business conditions during the year manufacturers, assembles, or distributes to dealers at least 10 new farm tractors. (5) “Manufacturer's express warranty”; “warranty” mean the written warranty of the manufacturer of a new farm tractor of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty. (6) “Nonconformity” means any condition of the farm tractor that makes it reasonably unsuitable to use for the purpose for which it was intended. (7) “Reasonable allowance for prior use” shall mean no less than the fair rental value of the fair tractor and shall be the sum of:  a. That amount attributable to use by the consumer prior to the consumer's first report of the nonconformity to the manufacturer or its authorized dealers; b. That amount attributable to use by the consumer during any period subsequent to such report of the reported nonconformity; and c. That amount attributable to use by the consumer of the farm tractor provided by the manufacturer or its authorized dealers while the farm tractor is out of service by reason of repair of the reported nonconformity.66 Del. Laws, c. 57, §  1;
6 DE Code § 5002A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50A. Farm Equipment Warranties|§ 5002A. Notice to consumer.

§ 5002A. Notice to consumer. At the time of purchase the manufacturer must provide directly to the consumer a written statement on a separate piece of paper, in 10-point all capital type, in substantially the following form: “IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO REPLACEMENT OF IT OR A REFUND OF ITS PURCHASE PRICE. HOWEVER, TO BE ENTITLED TO REFUND OR REPLACEMENT, YOU MUST FIRST NOTIFY THE MANUFACTURER, ITS AGENT OR ITS AUTHORIZED DEALER OF THE PROBLEM IN WRITING AND GIVE THEM AN OPPORTUNITY TO REPAIR THE VEHICLE.” 66 Del. Laws, c. 57, §  1;
6 DE Code § 5003A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50A. Farm Equipment Warranties|§ 5003A. Manufacturer's duty to repair.

§ 5003A. Manufacturer's duty to repair. If a farm tractor does not conform to applicable express written warranties and the consumer reports the nonconformity to the manufacturer and its authorized dealer during the term of the express written warranties or during the period of 1 year following the date of the original delivery of the farm tractor to the consumer, whichever is earlier, the manufacturer or its authorized dealers shall make the repairs necessary to make the farm tractor conform to the express written warranties, notwithstanding that the repairs are made after the expiration of the warranty term or the 1-year period. For a self-propelled vehicle this section is limited to warranties on the engine and power train. 66 Del. Laws, c. 57, §  1;
6 DE Code § 5004A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50A. Farm Equipment Warranties|§ 5004A. Manufacturer's duty to refund or replace.

§ 5004A. Manufacturer's duty to refund or replace. (a) If the manufacturer or its authorized dealers are unable to make the farm tractor conform to any applicable express written warranty by repairing or correcting any condition which substantially impairs the use or market value of the farm tractor to the consumer within the time periods and after the number of attempts specified in subsection (b) of this section, the manufacturer, through its authorized dealer who sold the farm tractor, shall, at the option of the consumer, replace the farm tractor with a comparable one, charging the consumer only a reasonable allowance for the consumer's use of the farm tractor, or accept the return of the farm tractor from the consumer and refund to the consumer the cash purchase price, including sales tax, license fees, registration fees and any similar governmental charges, less a reasonable allowance for prior use. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear in the county recorder of deeds and/or Secretary of State's office. If no replacement or refund is made, the consumer may bring a civil action to enforce the obligation. No action may be brought unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has been offered an opportunity to cure the condition alleged within a reasonable time that is not to exceed 60 business days. For a self-propelled vehicle, this section is limited to warranties on the engine and power train. (b) The replacement or refund obligation specified in subsection (a) of this section shall arise if the manufacturer or its authorized dealers are unable to make the farm tractor conform to applicable express written warranties within the express written warranty term or during the period of 1 year following the date of the original physical delivery of the farm tractor to the consumer, whichever is the earlier date, and (1) the same nonconformity has been subject to repair 4 or more times by the manufacturer or its authorized dealers, but such nonconformity continues to exist; or (2) the farm tractor is out of service by reason of repair of the same nonconformity for a cumulative total of 60 or more business days when the service department of the authorized dealer in possession of the farm tractor is open for purposes of repair, provided that days when the consumer has been provided by the manufacturer or its authorized dealers with the use of another farm tractor which performs the same function shall not be counted. 66 Del. Laws, c. 57, §  1;
6 DE Code § 5005A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50A. Farm Equipment Warranties|§ 5005A. Extension of warranty.

§ 5005A. Extension of warranty. The terms of any express written warranty, the 1-year period and the 60-day repair period shall be reasonably extended by any period of time during which repair services or replacement parts are not available to the consumer because of a war, invasion or strike, or fire, flood or other natural disaster. 66 Del. Laws, c. 57, §  1;
6 DE Code § 5007A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 50A. Farm Equipment Warranties|§ 5007A. Limitation of actions.

§ 5007A. Limitation of actions. Any action brought under this chapter shall be commenced within 6 months following:  (1) Expiration of the express written warranty term, or (2) 1 year following the date of the original delivery of the farm tractor to the consumer, whichever is later. 66 Del. Laws, c. 57, §  1;