reglab/housing_qa huggingface dataset:
6 DE Code § 2552. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter V. Security for Franchised Distributors|§ 2552. Unjust termination of, or failure to renew, a franchise.

§ 2552. Unjust termination of, or failure to renew, a franchise. (a) Termination of a franchise by a franchisor shall be deemed to be “unjust,” or to have been made “unjustly,” if such termination is without good cause or in bad faith. Any termination of a franchise which is not unjust shall be deemed to be “just,” or to have been made “justly.” (b) The failure of a franchisor to renew a franchise shall be deemed to be “unjust,” or to have been made “unjustly,” if such failure to renew is without good cause or in bad faith. Any failure to renew a franchise which is not unjust shall be deemed to be “just,” or to have been made “justly.” (c) A provision of a franchise which permits a franchisor to terminate that franchise, which provision does not specify the grounds upon which such termination may be made, shall be construed to permit the franchisor to make only a just termination. (d) A provision of a franchise which permits a franchisor to fail to renew that franchise, which provision does not specify the grounds upon which such failure to renew may be made, shall be construed to permit the franchisor only justly to fail or refuse to renew. (e) A provision in a franchise permitting a franchisor to make an unjust termination of a franchise is against the public policy of this State and shall not be enforced in the courts of this State. (f) A provision in a franchise permitting a franchisor unjustly to fail or refuse to renew a franchise is against the public policy of this State and shall not be enforced in the courts of this State. (g) No franchisor may unjustly terminate a franchise. (h) No franchisor may unjustly fail or refuse to renew a franchise. (i) No franchisor may unjustly refuse to deal with a franchised distributor with whom the franchisor has been dealing for at least 2 years. (j) Notwithstanding any terms of the franchise agreement to the contrary, no franchisor who leases real or personal property to a franchised distributor may charge the franchised distributor a rent or other charge for the use or occupancy of such real or personal property which is unreasonable or excessive in light of the franchisor's interest in such real or personal property, and the purpose to which the real or personal property is being used. The refusal of the franchisor to renew a lease for real or personal property except upon the payment of a rent or other charge which is unreasonable or excessive in light of the use to which the property has been placed by the franchisor and/or the interest of the franchisor in the real or personal property shall be deemed to be an unjust termination of the franchise. 6 Del. C. 1953, §  2552;  57 Del. Laws, c. 693;  62 Del. Laws, c. 352, §  4;
6 DE Code § 2554. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter V. Security for Franchised Distributors|§ 2554. Franchisee worker classification.

§ 2554. Franchisee worker classification. Individuals or entities who are parties to a franchise agreement as set out by the Federal Trade Commission shall not be deemed employees for purposes of Chapter 11 of Title 19. 79 Del. Laws, c. 39, §  1;
6 DE Code § 2555. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter V. Security for Franchised Distributors|§ 2555. Notice required to terminate or elect not to renew a franchise.

§ 2555. Notice required to terminate or elect not to renew a franchise. Notwithstanding any provision in a franchise agreement which provides otherwise, any termination of a franchise or election not to renew a franchise must be made on at least 90 days' notice. 6 Del. C. 1953, §  2554;  57 Del. Laws, c. 693;  79 Del. Laws, c. 39, §  1;
6 DE Code § 2556. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter V. Security for Franchised Distributors|§ 2556. Application.

§ 2556. Application. This law shall apply to franchises in existence on July 8, 1970, and the renewal of such franchises, as well as franchises subsequently executed. 6 Del. C. 1953, §  2555;  57 Del. Laws, c. 693;  79 Del. Laws, c. 39, §  1;
6 DE Code § 2557. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter V. Security for Franchised Distributors|§ 2557. Short title.

§ 2557. Short title. This chapter may be cited as the “Delaware Franchise Security Law.” 6 Del. C. 1953, §  2556;  57 Del. Laws, c. 693;  79 Del. Laws, c. 39, §  1;
6 DE Code § 2561. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VI. Pyramid or Chain Distribution Schemes|§ 2561. Definitions.

§ 2561. Definitions. As used in this subchapter:  (1) “Person” includes an individual, corporation, trust, estate, partnership, unincorporated association, or any other legal or commercial entity. (2) “Pyramid or chain distribution scheme” means a sales device whereby a person, upon a condition that the person part with money, property or any other thing of value, is granted a franchise license, distributorship or other right which person may further perpetuate the pyramid or chain of persons who are granted such franchise, license, distributorship or right upon such condition. A limitation as to the number of persons who may participate, or the presence of additional conditions upon the eligibility for such a franchise, license, distributorship or other right recruit or upon the receipt of profits therefrom, does not change the identity of the scheme as a pyramid or chain distribution scheme.6 Del. C. 1953, §  2561;  59 Del. Laws, c. 86, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 2562. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VI. Pyramid or Chain Distribution Schemes|§ 2562. Unlawful practice.

§ 2562. Unlawful practice. The use of a pyramid or chain sales distribution scheme in connection with the solicitation of investments in the form of money, property or any other thing of value is hereby declared to be an unlawful practice under § 2513 of this title. 6 Del. C. 1953, §  2562;  59 Del. Laws, c. 86, §  1;
6 DE Code § 2563. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VI. Pyramid or Chain Distribution Schemes|§ 2563. Prohibition.

§ 2563. Prohibition. (a) No person, either directly or through the use of agents or other intermediaries, shall promote, sell, attempt to sell, offer or grant participation in a pyramid or chain distribution scheme. (b) Whoever, directly or through the use of agents or intermediaries, violates subsection (a) of this section shall be fined not more than $5,000, or imprisoned not more than 3 years, or both. (c) The Superior Court shall have exclusive jurisdiction of offenses under this section. 6 Del. C. 1953, §  2563;  59 Del. Laws, c. 86, §  1;
6 DE Code § 2564. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VI. Pyramid or Chain Distribution Schemes|§ 2564. Contracts void; civil liability.

§ 2564. Contracts void; civil liability. (a) Any contract made in violation of § 2563 of this title shall be void and any person who, directly or through the use of agents or intermediaries, induces or causes another person to participate in a pyramid or chain distribution scheme shall be liable to that person in an amount equal to the sum of:  (1) Twice the amount of any consideration paid; and (2) In the case of any successful action to enforce such liability, the costs of the action together with a reasonable attorney's fee, as determined by the court. (b) An action under this section may be brought in any court in this State otherwise having jurisdiction over the dollar amount being sought by way of recovery within 1 year from the date on which the consideration was paid. 6 Del. C. 1953, §  2564;  59 Del. Laws, c. 86, §  1;
6 DE Code § 2570. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VII. Buyer Property Protection Act|§ 2570. Short title.

§ 2570. Short title. This subchapter may be cited as the “Buyer Property Protection Act.” 69 Del. Laws, c. 86, §  2;
6 DE Code § 2571. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VII. Buyer Property Protection Act|§ 2571. Definitions.

§ 2571. Definitions. As used in this subchapter, unless the context otherwise requires:  (1) “Agent” means any individual, partnership, corporation or trustee defined as a broker in § 2901 of Title 24, acting on behalf of a seller or buyer of residential real property. (2) “Buyer” means any individual, partnership, corporation or trustee purchasing any estate or interest in real property. (3) “Final settlement” means the time at which the parties have signed and delivered all papers and consideration to convey title to the estate or interest in residential real property being conveyed. (4) “Residential real property” means any estate or interest in a manufactured housing lot or real property, improved by dwelling units for 1-4 families. (5) “Seller” means any individual, partnership, corporation or trustee transferring residential real property. (6) “Subagent” means any individual, partnership, corporation or trustee defined as a broker or sales person in § 2901 of Title 24 acting on behalf of an agent.69 Del. Laws, c. 86, §  2;
6 DE Code § 2572. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VII. Buyer Property Protection Act|§ 2572. Disclosure of material defects.

§ 2572. Disclosure of material defects. (a) Except as excluded by § 2577 of this title hereof, a seller transferring residential real property shall disclose, in writing, to the buyer, agent and subagent, as applicable, all material defects of that property that are known at the time the property is offered for sale or that are known prior to the time of final settlement. (b) This disclosure shall be made in writing before the seller signs the listing agreement and shall be updated as necessary for any material changes occurring in the property before final settlement. 69 Del. Laws, c. 86, §  2;
6 DE Code § 2572A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VII. Buyer Property Protection Act|§ 2572A. Radon testing and disclosure.

§ 2572A. Radon testing and disclosure. (a) Except as excluded by § 2577 of this title, every purchaser of any interest in residential real property on which a residential dwelling exists shall be notified that said property may present the potential for exposure to radon. (b) Except as excluded by § 2577 of this title, the seller of any interest in residential real property on which a residential dwelling exists is required to provide the buyer with any information on radon from tests or inspections in the seller's possession, and notify the buyer of any known radon hazards. (c) The Department of Health and Social Services shall develop the content of written information that the selling broker shall provide to the buyer of any interest in residential real property on which a residential dwelling exists. The information shall describe potential hazards of exposure to radon, testing for radon and radon remediation. (d) The Delaware Real Estate Commission shall develop a form that will document that subsections (a), (b) and (c) of this section have occurred. The form shall be utilized for every transfer of residential real property as described in this section and shall include:  (1) The property address; (2) The seller's disclosure of the presence of radon hazards, if known; (3) The buyer's acknowledgement that information about radon was received; (4) The buyer's acknowledgement of that buyer's option to test for radon; (5) The seller's acknowledgement that the seller has been informed of the seller's obligation and is aware of that seller's responsibility to ensure compliance with this section; and (6) Signatures of the buyer and seller attesting to the above and the date so signed.75 Del. Laws, c. 360, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 2573. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VII. Buyer Property Protection Act|§ 2573. Property condition report.

§ 2573. Property condition report. The agent, subagent or seller, as applicable, shall give a copy of the Seller's Disclosure of Real Property Condition Report to all prospective buyers or prospective buyer's agent prior to the time the buyer makes an offer to purchase. This written disclosure form, signed by buyer and seller, shall become a part of the purchase agreement. 69 Del. Laws, c. 86, §  2;
6 DE Code § 2574. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VII. Buyer Property Protection Act|§ 2574. Other inspections or warranties.

§ 2574. Other inspections or warranties. The seller's completed disclosure form is a good faith effort by the seller to make the disclosures required by this subchapter, and is not a warranty of any kind by the seller or any agents or subagents representing seller or buyer in the transfer and is not a substitute for any inspections or warranties that the seller or buyer may wish to obtain. 69 Del. Laws, c. 86, §  2;
6 DE Code § 2575. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VII. Buyer Property Protection Act|§ 2575. Cause of action.

§ 2575. Cause of action. The buyer shall not have a cause of action against the seller, agent and/or subagent for:  (1) Material defects in condition of the residential real property disclosed to the buyer prior to the buyer making an offer to purchase; (2) Material defects developed after the offer was made but disclosed prior to final settlement, provided seller has complied with the agreement of sale; or (3) Material defects which occur after final settlement.69 Del. Laws, c. 86, §  2;
6 DE Code § 2576. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VII. Buyer Property Protection Act|§ 2576. Applicability [For application of this section, see 80 Del. Laws, c. 308, § 2].

§ 2576. Applicability [For application of this section, see 80 Del. Laws, c. 308, § 2]. This subchapter shall apply to transfers by sale, exchange, installment land sale contract, lease with an option to purchase or ground lease of a manufactured housing lot, or residential real property, improved with dwelling units for 1-4 families, or vacant land zoned for residential use and marketed as appropriate for the construction of a dwelling for 1-4 families. 69 Del. Laws, c. 86, §  2;  80 Del. Laws, c. 308, § 1;
6 DE Code § 2577. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VII. Buyer Property Protection Act|§ 2577. Exemptions.

§ 2577. Exemptions. This subchapter shall not apply to the following transfers of residential real property:  (1) Transfers governed by the Delaware Out-of-State Land Sales and Promotions Act [repealed] where the property disclosure report required by that law is provided to a prospective purchaser. (2) Transfers pursuant to court order such as transfers ordered by the Court of Chancery in the administration of an estate, trust or guardianship or pursuant to a writ of execution, by a trustee in bankruptcy or a receiver, by eminent domain, and transfers resulting from a decree for specific performance. (3) Transfers to a mortgagee by a mortgagor in default by a deed in lieu of foreclosure. (4) Transfers by any sheriff's sale for default on an obligation secured by a mortgage, judgment, tax or other lien. (5) Transfers by a fiduciary in the course of the administration of the decedent's estate, guardianship or trust. (6) Transfers from 1 co-owner to 1 or more other co-owners. (7) Transfers made to a spouse or to a person or persons in the lineal line of consanguinity of 1 or more of the transferors. (8) Transfers between spouses resulting from a property settlement incident to a divorce. (9) Transfers to or from any government entity.69 Del. Laws, c. 86, §  2;
6 DE Code § 2578. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VII. Buyer Property Protection Act|§ 2578. Property condition report form [For application of section, see 80 Del. Laws, c. 145, § 3].

§ 2578. Property condition report form [For application of section, see 80 Del. Laws, c. 145, § 3]. (a) The Delaware Real Estate Commission shall develop a standard form or forms to be used as the Seller's Disclosure of Real Property Condition Report, for the disclosure of the condition of residential real property. This form or forms for different circumstances shall be promulgated and amended from time to time by the Real Estate Commission, including such additional relevant content as the Commission deems appropriate. (b) The form for new construction shall include the following:  “An automatic fire sprinkler system or other fire suppression systems may be available. For further information, visit www.statefiremarshall.delaware.gov.”. (c) Each form shall also include the following:  “The cost of repairing and repaving the streets adjacent to the property is paid for by (check one):  ____ The property owner(s), estimated fees: $______. ____ Delaware Department of Transportation or the State. ____ Unknown. Note to Buyer: Repairing and repaving of the streets can be very costly.” (d) Each form shall also include the results of the radon test or tests required to be disclosed by § 2572A of this title. 69 Del. Laws, c. 86, §  2;  72 Del. Laws, c. 426, §  1;  75 Del. Laws, c. 360, §  2;  80 Del. Laws, c. 145, §  2;
6 DE Code § 2580. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VIII. Enhanced Penalties When Elder Person or Person With a Disability Targeted|§ 2580. Definitions.

§ 2580. Definitions. (a) “Elder person” means a person who is 65 years of age or older. (b) “Major life activities” includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (c) “Person with a disability” means a person who has a disability as defined in § 4602 of this title. (d) “Substantially limits” means substantially interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or mental impairments which substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza or sprains or minor injuries. 69 Del. Laws, c. 151, §  1;  78 Del. Laws, c. 179, §§  4, 5;
6 DE Code § 2581. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VIII. Enhanced Penalties When Elder Person or Person With a Disability Targeted|§ 2581. Civil penalty; disposition of funds.

§ 2581. Civil penalty; disposition of funds. (a) If any person is found to have violated any provision of this chapter, and said violation is committed against an elder person or a person with a disability, in addition to any criminal or civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed $10,000 for each violation. (b) The civil penalties imposed pursuant to subsection (a) of this section shall be deposited with the State Treasurer and placed into the Consumer Protection Fund as created by § 2527 of this title, shall be subject to appropriation by the General Assembly, and shall be used for the investigation and prosecution of deceptive acts against elder and disabled persons and for consumer education initiatives. 69 Del. Laws, c. 151, §  1;  78 Del. Laws, c. 179, §  6;
6 DE Code § 2582. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VIII. Enhanced Penalties When Elder Person or Person With a Disability Targeted|§ 2582. Determination of civil penalty.

§ 2582. Determination of civil penalty. In determining whether to impose an enhanced civil penalty under this subchapter and the amount thereof, the court shall consider the extent to which 1 or more of the following factors are present:  (1) Whether the defendant's conduct was in disregard of the rights of the elder person or person with a disability; (2) Whether the defendant knew or should have known that the defendant's conduct was directed to an elder person or person with a disability; (3) Whether the elder person or person with a disability was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility or disability than other persons and whether the elder person or person with a disability actually suffered substantial physical, emotional or economic damage resulting from the defendant's conduct; (4) Whether the defendant's conduct caused an elder person or person with a disability to suffer any of the following:  a. Mental or emotional anguish; b. Loss of or encumbrance upon a primary residence of the elder person or person with a disability; c. Loss of or encumbrance upon the principal employment or principal source of income of the elder person or person with a disability; d. Loss of funds received under a pension or retirement plan or a government benefits program; e. Loss of property set aside for retirement or for personal or family care and maintenance; or f. Loss of assets essential to the health and welfare of the elder person or person with a disability. (5) Any other factors the court deems appropriate.69 Del. Laws, c. 151, §  1;  78 Del. Laws, c. 179, §§  7-14;
6 DE Code § 2583. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VIII. Enhanced Penalties When Elder Person or Person With a Disability Targeted|§ 2583. Cause of action; enhanced penalties.

§ 2583. Cause of action; enhanced penalties. (a) An elder person or person with a disability who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, court costs and reasonable attorney's fees. (b) If a private cause of action is brought by the victim of a violation of this subchapter, and said victim was 65 years of age or older or a person with a disability when the violation occurred, the victim shall be entitled to recover 3 times the amount of the victim's compensatory damages if a violation of this subchapter is established. Such treble damages shall be in addition to any other damages to which the victim is entitled pursuant to common law or other provisions of the Delaware Code. (c) Restitution ordered pursuant to this section has priority over a civil penalty imposed pursuant to this subchapter. 69 Del. Laws, c. 151, §  1;  74 Del. Laws, c. 113, §§  3, 4;  78 Del. Laws, c. 179, §§  15, 16;
6 DE Code § 2584. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter VIII. Enhanced Penalties When Elder Person or Person With a Disability Targeted|§ 2584. Referrals for abuse, neglect and exploitation.

§ 2584. Referrals for abuse, neglect and exploitation. The Attorney General shall establish and maintain referral procedures with the Division of Services for Aging and Adults with Physical Disabilities within the Department of Health and Social Services in order to provide any necessary intervention and assistance to elder persons or persons with disabilities who may have been victimized by violations of this chapter. 69 Del. Laws, c. 151, §  1;  69 Del. Laws, c. 345, §  5;  78 Del. Laws, c. 179, §  17;