reglab/housing_qa huggingface dataset:
6 DE Code § 4905. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49. Motor Vehicle Franchising Practices|§ 4905. Product liability indemnification.

§ 4905. Product liability indemnification. Notwithstanding the terms of any franchise agreement, it shall be a violation of this chapter for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement agreed to in writing by the manufacturer for damages, including, but not limited to, court costs and reasonable attorneys' fees of the new motor vehicle dealer, arising out of complaints, claims or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty (express or implied) or rescission of the sale as is defined in § 2-608 of this title, less any offset recovered by the dealer and only to the extent that the judgment or settlement relates to the alleged defective or negligent manufacture, assembly or design of new motor vehicles, parts or accessories or other functions by the manufacturer, beyond the control of the dealer. 64 Del. Laws, c. 27, §  1;  78 Del. Laws, c. 372, §  1;
6 DE Code § 4908. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49. Motor Vehicle Franchising Practices|§ 4908. Termination, cancellation or nonrenewal of franchise — Dealership facilities assistance.

§ 4908. Termination, cancellation or nonrenewal of franchise — Dealership facilities assistance. In the event of a termination, cancellation or nonrenewal by the manufacturer under this chapter, except termination, cancellation or nonrenewal by the manufacturer for insolvency, license revocation, conviction of a crime or fraud by a dealer owner or failure of the dealer to conduct customary sales and service operations during business hours for 7 consecutive business days, except in circumstances beyond the direct control of the dealer, if the new motor vehicle dealer is leasing the dealership facilities from a lessor other than the manufacturer, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the rent for the unexpired term of the lease or 3 years' rent, whichever is less, or if the new motor vehicle dealer owns the dealership facilities, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the reasonable rental value of the dealership facilities for 3 years. Nothing in this section shall relieve a lessee from the obligation to mitigate damages under the lease, nor prevent a manufacturer from discharging its obligations by negotiating a lease termination, sublease or new lease. 64 Del. Laws, c. 27, §  1;  73 Del. Laws, c. 78, §  6;  78 Del. Laws, c. 372, §  1;
6 DE Code § 4911. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49. Motor Vehicle Franchising Practices|§ 4911. Sale of dealership franchise, notice to franchiser, and right of first refusal — Burden of proof.

§ 4911. Sale of dealership franchise, notice to franchiser, and right of first refusal — Burden of proof. In determining whether good cause for the refusal to honor the succession or sale of dealership exists, the manufacturer, distributor, factory branch or importer has the burden of proving that the successor or purchaser is a person who is not of good moral character or does not meet the franchisor's existing and reasonable standards and, considering the volume of sales and service of the new motor vehicle dealer, uniformly applied minimum business experience standards in the market area. 64 Del. Laws, c. 27, §  1;  73 Del. Laws, c. 78, §  9;
6 DE Code § 4912. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49. Motor Vehicle Franchising Practices|§ 4912. Written designation of succession unaffected.

§ 4912. Written designation of succession unaffected. This chapter does not preclude the owner of a new motor vehicle dealer from designating any person as successor by written instrument filed with the manufacturer or distributor and, in the event there is a conflict between such written instrument and this section, and that written instrument has not been revoked by the owner of the new motor vehicle dealer in writing to the manufacturer or distributor, then the written instrument shall govern. 64 Del. Laws, c. 27, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4914. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49. Motor Vehicle Franchising Practices|§ 4914. Validity of certain agreements.

§ 4914. Validity of certain agreements. (a) It shall be unlawful directly or indirectly to impose unreasonable restrictions on the new motor vehicle dealer relative to the sale, transfer, right to renew, termination, discipline, noncompetition covenants, site control (whether by sublease, collateral pledge of lease or otherwise), right of first refusal to purchase, option to purchase, compliance with subjective standards and assertion of legal or equitable rights. (b) This chapter shall not preclude dealers, manufacturers or distributors from entering into valid releases or settlement agreements consistent with the policy of this chapter. In no case shall a general release required to be executed as a condition to renewal of a franchise agreement be deemed to be consistent with the policy of this chapter. (c) It shall be unlawful to sell a new motor vehicle to a consumer except for the federal government in the State unless that person, persons, partnership or corporation has a valid franchise agreement from a franchiser for that make or line and is in compliance with all Delaware Motor Vehicle licensing requirements. This subsection shall not preclude a franchiser from providing information to consumers for the purposes of marketing or facilitating the sale of a new motor vehicle or from establishing programs to sell or offer to sell new motor vehicles through participating franchisees. 64 Del. Laws, c. 27, §  1;  73 Del. Laws, c. 78, §  14;
6 DE Code § 4916. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49. Motor Vehicle Franchising Practices|§ 4916. Civil actions for violations.

§ 4916. Civil actions for violations. (a) Notwithstanding the terms, provisions or conditions of any agreement or franchise or other terms or provisions of any novation, waiver or other written instrument, any person who is or may be injured by a violation of a provision of this chapter or any party to a franchise who is so injured in such party's business or property by a violation of a provision of this chapter relating to that franchise, or any person so injured because such person refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter may bring an action in any court of competent jurisdiction for damages and equitable relief including injunctive relief. Said person may recover damages in the amount equal to the actual pecuniary loss. In addition, said person may recover costs and reasonable attorney's fees as damages. Upon a prima facie showing by the person filing the petition or cause of action that a violation of this chapter has occurred, the burden of proof shall then be upon the opposing party to prove that such violation did not occur. (b) Where the violation of a provision of this chapter can be shown to be wilful or wanton, or if continued multiple violations of a provision or provisions of this chapter occur, the court may award punitive damages, attorney's fees and costs in addition to any other damages under this chapter. (c) A new motor vehicle dealer, if the dealer has not suffered any loss of money or property, may obtain final equitable relief if it can be shown that the violation of a provision of this chapter by a manufacturer may have the effect of causing such loss of money or property. (d) Where there are continued violations of a provision or provisions of this chapter and it can be shown that the violations are wilful or wanton, the court, in addition to any other remedy or award of damages under this chapter, may assess monetary penalties. (e) In addition to any other relief under this chapter, the court may assess monetary penalties against a manufacturer for violations of this chapter. 64 Del. Laws, c. 27, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 78, §  15;  78 Del. Laws, c. 372, §  1;
6 DE Code § 4917. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49. Motor Vehicle Franchising Practices|§ 4917. Applicability of chapter.

§ 4917. Applicability of chapter. (a) Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising for sale or has business dealings with respect to a new motor vehicle sale within this State shall be subject to this chapter and shall be subject to the jurisdiction of the courts of this State. (b) The applicability of this chapter shall not be affected by a choice of law clause in any franchise, agreement, prospective waiver, novation or any other written instrument. (c) Any provision of any agreement, franchise, prospective waiver, novation or any other written instrument which is in violation of any section of this chapter shall be deemed null and void and without force and effect. (d) It shall be unlawful for a manufacturer to use any subsidiary corporation, affiliated corporation or any other controlled corporation, partnership, association or person to accomplish what would otherwise be illegal conduct under this chapter on the part of the manufacturer. (e) If any provision of this chapter is declared to be invalid or unenforceable by a court or authority of competent jurisdiction, the remaining provisions of this chapter shall continue in full force and effect. (f) The provisions of this chapter apply to all written agreements between a manufacturer and a new motor vehicle dealer, including the franchise offering, letter of intent, the franchise agreement, sales of goods, services or advertising, leases or deeds of trust of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements between a new motor vehicle dealer and a manufacturer. 64 Del. Laws, c. 27, §  1;  73 Del. Laws, c. 78, §  16;  81 Del. Laws, c. 289, § 7;
6 DE Code § 4918. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49. Motor Vehicle Franchising Practices|§ 4918. Limitations of actions.

§ 4918. Limitations of actions. (a) Actions arising out of any provision of this chapter shall be commenced within a 4-year period of the accrual of the cause of action; provided, however, that if a person liable hereunder conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of a cause of action by the person entitled shall be excluded in determining the time limited for the commencement of the action. (b) If a cause of action accrues during the pendency of any civil, criminal or administrative proceeding against a person brought by the United States or any of its agencies under the antitrust laws, the Federal Trade Commission Act [15 U.S.C. §§ 41-58] or any other federal act, or the laws as to franchising, such actions may be commenced within 1 year after the final disposition of such civil, criminal or administrative proceeding. 64 Del. Laws, c. 27, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4901A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49A. Auto Repair Fraud Prevention|§ 4901A. Purpose.

§ 4901A. Purpose. The purpose of this chapter is to safeguard the public against fraudulent auto repair practices thereby enhancing public confidence in legitimate auto repair facilities and mechanics. 70 Del. Laws, c. 428, §  2;
6 DE Code § 4902A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49A. Auto Repair Fraud Prevention|§ 4902A. Definitions.

§ 4902A. Definitions. For the purposes of this chapter, the following definitions shall apply:  (1) “Airbag” means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system. (2) “Automotive repair facility” means any person who performs auto repair work on a motor vehicle for financial profit. (3) “Auto repair work” means performing or attempting to perform repairs and/or maintenance on a motor vehicle for financial profit. (4) “Counterfeit supplemental restraint system component” means a replacement supplemental restraint system component, including, but not limited to, an airbag, that displays a mark identical to, or substantially similar to, the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier, respectively. (5) “Motor vehicle” is as defined by § 101(40) of Title 21. (6) “Nonfunctional airbag” means a replacement airbag that meets any of the following criteria:  a. The airbag was previously deployed or damaged; b. The airbag has an electric fault that is detected by the vehicle's airbag diagnostic systems when the installation procedure is completed and the vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred; c. The airbag includes a part or object, including a supplemental restraint system component, that is installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or d. The airbag is subject to the prohibitions of 49 U.S.C. § 30120(j). (7) “Pattern of violations” means 3 or more violations within a 1-year period. (8) “Person” includes an individual, corporation, statutory trust, business trust, estate, trust, partnership, association, 2 or more persons having a joint or common interest or any other legal or commercial entity. (9) “Supplemental restraint system” means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with a seat belt as defined in 49 CFR 571.209. A supplemental restraint system includes 1 or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer including both of the following:  a. The airbag operates as designed in the event of a crash; and b. The airbag is designed to meet federal motor vehicle safety standards for the specific make, model, and year of the vehicle in which it is or will be installed.70 Del. Laws, c. 428, §  2;  73 Del. Laws, c. 329, §  39;  83 Del. Laws, c. 205, § 1;
6 DE Code § 4903A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49A. Auto Repair Fraud Prevention|§ 4903A. Unlawful practices.

§ 4903A. Unlawful practices. (a) Deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact with the intent that others rely upon such concealment, suppression or omission of any material fact in connection with auto repair work by any automotive repair facility, whether or not any person has in fact been misled, deceived or damaged thereby, or the act, use or employment by any auto repair facility of a deceptive trade practice in connection with auto repair work shall constitute an unlawful practice. (b) Acts or practices by an automotive repair facility prohibited by subsection (a) of this section shall include but are not limited to:  (1) Refusing to return a customer's motor vehicle because the customer refused to pay for unauthorized auto repair work in violation of § 4907A of this title; (2) Misrepresenting that auto repair work has been made to a motor vehicle; (3) Misrepresenting that auto repair work is necessary to a motor vehicle repair; (4) Misrepresenting that the motor vehicle is in a dangerous condition or that the customer's continued use of the vehicle may be harmful or cause significant damage to the vehicle; (5) Misrepresenting that the motor vehicle will or will not pass state inspection requirements or is not otherwise in compliance with state or federal requirements in connection with soliciting auto repair work; (6) Performing unauthorized auto repair work in connection with a misrepresentation; (7) Installing or reinstalling in a motor vehicle any object in lieu of an operative air bag including a counterfeit supplemental restraint system component or a nonfunctional airbag; (8) Selling, installing or reinstalling any device that causes the vehicle's diagnostic systems to fail to warn when the vehicle is equipped with a counterfeit supplemental restraint system component, nonfunctional airbag, or when no airbag is installed. (9) Fraudulently altering any customer contract, estimate, invoice or other document; (10) Fraudulently misusing a customer's credit card; or (11) Engaging in a pattern of violations of § 4904A, § 4905A, § 4906A or § 4907A of this title or violating § 4904A, § 4905A, § 4906A or § 4907A of this title with the intent to hinder the discovery of practices or acts prohibited by this section. (c) A person shall not knowingly manufacture, import, distribute, sell, or offer for sale any device intended to replace a supplemental restraint system component in any motor vehicle if the device is a counterfeit supplemental restraint system component, a nonfunctional airbag, or a device that causes a vehicle to fail to meet federal motor vehicle safety standards as provided in 49 CFR 571.208. 70 Del. Laws, c. 428, §  2;  74 Del. Laws, c. 277, §  1;  83 Del. Laws, c. 205, § 2;
6 DE Code § 4904A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49A. Auto Repair Fraud Prevention|§ 4904A. Estimate requirements for auto repair work.

§ 4904A. Estimate requirements for auto repair work. (a) Written estimate and authorization requirements. — Unless waived pursuant to subsection (b) of this section by the customer or by a person the auto repair facility reasonably believes is acting on the customer's behalf, the automotive repair facility shall, before beginning any auto repair work and/or transmission repair diagnosis on a motor vehicle, give the customer a written statement which contains:  (1) The estimated completion date; (2) The estimated price for the auto repair work including parts and labor; and (3) The estimated surcharge, if any. (b) Oral estimates and authorization. — If a customer or a person the auto repair facility reasonably believes is acting on the customer's behalf, waives his or her right to a written estimate, the automotive repair facility shall orally provide to the customer or a person the automotive repair facility reasonably believes to be acting on a customer's behalf the estimated price and completion date before beginning any auto repair work; provided however, that the person giving the oral estimate shall make a written record of the requirements set forth in paragraphs (a)(1) through (3) of this section, sign or initial the written document and retain such document for a period of no less than 2 years. (c) Prohibited charges. — An automotive repair facility shall not charge a customer without the consent of the customer or a person the automotive repair facility reasonably believes is acting on behalf of the customer any amount which exceeds the estimate by 20% or $50, whichever is less. Any charges which exceed 20% or $50, whichever is less, must comply with the requirements of subsections (a) and (b) of this section. 70 Del. Laws, c. 428, §  2;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4905A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49A. Auto Repair Fraud Prevention|§ 4905A. Invoice requirements.

§ 4905A. Invoice requirements. (a) Work description. — An automotive repair facility shall prepare an invoice which describes in all material respects:  (1) Auto repair work done by it, including all warranty work; (2) All parts supplied by it; (3) All labor performed by it. To the extent a charge for labor is not based on actual hours worked, the invoice shall specify that the labor charge is based on a flat rate. Notwithstanding the above, if the labor charge is part of a packaged price product, such as an oil change, the invoice need not specify the labor component of that charge; and (4) All auto repair work that is performed by persons other than the auto repair facility. The auto repair facility shall retain the name, address and telephone number of such other persons performing auto repair work and disclose such information upon request of the customer or a person it reasonably believes to be acting on the customer's behalf. (b) Used, rebuilt or reconditioned parts. — The invoice shall state clearly if any used, rebuilt or reconditioned parts were used in the auto repair work and/or if a part of a component system supplied is composed of used, rebuilt or reconditioned parts. (c) Copies of invoices. — The automotive repair facility shall give the customer a copy of the invoice and retain a copy for no less than 2 years. 70 Del. Laws, c. 428, §  2;
6 DE Code § 4906A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49A. Auto Repair Fraud Prevention|§ 4906A. Replaced parts — Requirement for return to the customer.

§ 4906A. Replaced parts — Requirement for return to the customer. An automotive repair facility shall offer to return all replaced parts to the customer or a person acting on his or her behalf, except parts which are returned to a manufacturer or distributor, hazardous materials or other items which the automotive repair facility is otherwise required to properly dispose of or recycle. Nothing herein shall require the auto repair facility to retain replaced parts after final invoice. 70 Del. Laws, c. 428, §  2;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4907A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 49A. Auto Repair Fraud Prevention|§ 4907A. Unauthorized repairs.

§ 4907A. Unauthorized repairs. An automotive repair facility may not charge a customer for repairs not originally authorized or requested by the customer, or a person the auto repair facility reasonably believes is acting on the customer's behalf, unless the automotive repair facility receives written or oral permission from the customer in conformance with this chapter. To the extent a charge does not exceed an estimate by 20% or $50, whichever is less, no cause of action pursuant to § 4909A(c) of this title shall accrue. Nothing in this section shall preclude enforcement pursuant to § 4903A(b)(6) and (10) of this title. 70 Del. Laws, c. 428, §  2;  83 Del. Laws, c. 205, § 2;