reglab/housing_qa huggingface dataset:
6 DE Code § 4349. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter XIII. Penalties|§ 4349. Correction of failure of compliance with chapter.

§ 4349. Correction of failure of compliance with chapter. Notwithstanding the provisions of this subchapter, any failure to comply with any provision of this chapter may be corrected within 10 days after the holder notices such failure or is notified thereof in writing by the buyer and, if so corrected, neither the seller nor the holder shall be subject to any penalty under this subchapter. 6 Del. C. 1953, §  4349;  52 Del. Laws, c. 342.;
6 DE Code § 4350. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter XIII. Penalties|§ 4350. Wilful violations in connection with consolidated contracts as barring recovery of charges; recovery by buyer of charges paid.

§ 4350. Wilful violations in connection with consolidated contracts as barring recovery of charges; recovery by buyer of charges paid. Section 4349 of this title shall not apply to any person who wilfully violates any provision of this chapter in connection with the imposition, computation or disclosures of or relating to a time price differential or service charge on a consolidated total of 2 or more contracts under §§ 4327-4332 of this title, and the buyer may recover from such person an amount equal to 3 times the total of the time price differentials or service charges and any delinquency, collection, extension, deferral or refinance charges imposed, contracted for or received on all contracts included in the consolidated total and the seller shall be barred from the recovery of any such charges. 6 Del. C. 1953, §  4350;  52 Del. Laws, c. 342.;
6 DE Code § 4351. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter XIV. Disclosures|§ 4351. Disclosure requirements.

§ 4351. Disclosure requirements. Notwithstanding any other provision of this chapter to the contrary, disclosures made in the terminology of the Truth in Lending Act, as amended, [15 U.S.C. § 1601 et seq.], and regulations prescribed thereunder, shall be deemed to comply with comparable, but literally inconsistent disclosure requirements of this chapter; provided, however, that any charges otherwise authorized under this chapter may be contracted for and collected in amounts and at rates consistent with the provisions of this chapter without regard to any inconsistent terminology of said Truth in Lending Act and this chapter. 6 Del. C. 1953, §  4351;  57 Del. Laws, c. 157.;
6 DE Code § 4701. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 47. Transient Retailers|Subchapter I. General Provisions.|§ 4701. Purpose.

§ 4701. Purpose. The purpose of this chapter is to protect the public from improper sales techniques by transient retailers, and to provide a method of processing warranty claims on merchandise sold by transient retailers. 65 Del. Laws, c. 391, §  1;
6 DE Code § 4702. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 47. Transient Retailers|Subchapter I. General Provisions.|§ 4702. Definitions.

§ 4702. Definitions. As used in this chapter, the following terms shall have the respective meanings ascribed by this section:  (1) “Operator” means the owner or operator of any building, structure, motor vehicle or real estate, whether fixed or mobile, which is leased or rented to a transient merchant. (2) “Registered agent” as used in this chapter may be, but is not required to be, the agent appointed pursuant to § 132 of Title 8. (3) “Temporary or transient business” means any exhibition or sale of goods, wares or merchandise which is carried on in any building, structure, motor vehicle or real estate for less than either of following times during any consecutive 12-month period:  a. A period of 4 months' duration between commencement and cessation of the conduct of business; or b. A period of 90 actual days during which business is conducted. (4) “Transient retailer” means any person, firm or corporation, as principal or agent, or both, which engages in, does or transacts any temporary or transient business in this State, either in 1 locality or in traveling from place to place in this State, offering for sale or selling goods, wares, merchandise, food or beverages, and including those who, for the purpose of carrying on such business, hire, lease, use or occupy any permanent or mobile building, structure, motor vehicle including trucks, or real estate for the exhibition by means of samples, catalogues, photographs and price lists or sale of such goods, wares or merchandise.65 Del. Laws, c. 391, §  1;  66 Del. Laws, c. 237, §  1;
6 DE Code § 4703. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 47. Transient Retailers|Subchapter I. General Provisions.|§ 4703. Exemptions.

§ 4703. Exemptions. (a) This chapter shall not apply to:  (1) Sales made to dealers by commercial travelers or selling agents in the usual course of business; (2) Bona fide sales of goods, wares or merchandise by sample, brochure or catalogue for future delivery; (3) Any annual fair; (4) Any special event, taking place upon real property which is designed for and in the business of conducting such events where the transient merchant's goods, wares or merchandise are only displayed and sold on said property; (5) Any general sale, fair, auction or bazaar sponsored by an ecclesiastical society, religious corporation, public service or charitable organization; (6) Garage sales on premises devoted to residential use; (7) Sales of crafts or items made by hand when sold or offered for sale by the person making such crafts or handmade items; (8) Sales of local agricultural products; (9) Sales resulting from prior invitation to the vendor by the owner or occupant of the residence; or (10) Any special event, taking place within the confines of an enclosed retail shopping facility, having a total enclosed common area square footage, exclusive of the total square footage of all occupied retail space contained in said enclosed retail shopping facility, of not less than 20,000 square feet, where the transient merchant's goods, wares or merchandise are only displayed and sold within the confines of such enclosed retail shopping facility; provided, however, that each such enclosed retail shopping facility shall compile and maintain for a period of 4 years a listing containing the name, address, telephone number and general description of the type of goods or merchandise sold of each transient merchant participating in each special event. (b) No transient retailer not otherwise exempted from this chapter by subsection (a) of this section shall be relieved or exempted from this chapter by reason of associating himself or herself temporarily with any local dealer, auctioneer, trader or merchant or by conducting such temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader or merchant. 65 Del. Laws, c. 391, §  1;  66 Del. Laws, c. 237, §  2;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4704. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 47. Transient Retailers|Subchapter I. General Provisions.|§ 4704. License required.

§ 4704. License required. It shall be unlawful for any transient retailer to transact business in this State unless such transient retailer and the owners of any goods, wares or merchandise to be offered for sale or sold, if such are not owned by the vendor, shall have first secured a license as provided in § 2905 of Title 30 and shall have complied with the other requirements of this chapter. The fee for such license shall be identical to the annual license fee assessed against a retailer transacting business in this State on a year-round basis. 65 Del. Laws, c. 391, §  1;
6 DE Code § 4705. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 47. Transient Retailers|Subchapter I. General Provisions.|§ 4705. Registration of transient retailers.

§ 4705. Registration of transient retailers. In addition to obtaining the license referred to in § 4704 of this title, any transient retailer desiring to transact business in this State shall first register by filing an application with the Director of Revenue. The application shall state the following facts:  (1) The name and permanent address of the transient retailer making the application, and if the applicant is a firm or corporation, the name and address of the members of the firm or the officers of the corporation, as the case may be. (2) If the applicant is a corporation, then there shall be stated on the application form the date of incorporation, the state of incorporation, and if the applicant is a corporation formed in a state other than the State of Delaware, the date on which such corporation qualified to transact business as a foreign corporation in the State of Delaware. (3) A statement showing the kind of business proposed to be conducted, the length of time for which the applicant desires to transact such business and the location of such proposed place of business. (4) A description of the types of goods, wares and merchandise to be offered for sale in this State. (5) The name and permanent address of the transient retailer's registered agent and office.65 Del. Laws, c. 391, §  1;
6 DE Code § 4707. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 47. Transient Retailers|Subchapter I. General Provisions.|§ 4707. Bond required.

§ 4707. Bond required. (a) At the time of filing the application for license as provided in § 4704 of this title and as a part thereof, the applicant shall file and deposit with the Department of Finance a surety bond issued by an authorized surety insurer, or a cash bond, in the amount of $1,000, or, in the discretion of the Director of Revenue, a lesser amount determined in accordance with § 375 of Title 30. The surety bond shall run in favor of the State and shall be for the use of assuring the payment by the applicant of all taxes that may be payable by or due from the applicant to the State or any department thereof or any subdivision of the State, municipal or otherwise, and the payment of any fines that may be assessed by any court against the applicant or its agents or employees for violation of this chapter. The Director of Revenue may waive the bond provided in this section upon a showing sufficient to satisfy the Director that:  (1) If the transient retailer is organized as a corporation, the principal offices for purposes of conducting the administrative business of the corporation are located in a permanent and fixed location within Delaware; (2) If the transient retailer is organized other than as a corporation, at least 1 person legally liable for all the debts of the retailer maintains a permanent and fixed residence within this State. The Director may issue such forms or returns as may be necessary to carry out the Director's duties under this chapter. (b) Such surety bond shall be maintained unimpaired as long as the transient retailer conducts business in this State. Whenever the transient retailer ceases to conduct temporary or transient business in this State and furnishes the Department proof satisfactory that it has satisfied all claims or causes of action against it, the Department shall release said bond to the applicant. 65 Del. Laws, c. 391, §  1;  66 Del. Laws, c. 237, §  3;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4708. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 47. Transient Retailers|Subchapter I. General Provisions.|§ 4708. Advertising.

§ 4708. Advertising. No transient retailer who seeks to transact business in this State may advertise in any presale advertising media without including in each such advertisement the transient retailer's complete name in a form easily comprehensible to the reader, listener or viewer of such advertisement. 65 Del. Laws, c. 391, §  1;
6 DE Code § 4709. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 47. Transient Retailers|Subchapter I. General Provisions.|§ 4709. Penalty for violation.

§ 4709. Penalty for violation. (a) A transient retailer who transacts business without having first obtained a license and filing a registration application, or who knowingly makes a material misstatement in such registration application, or who knowingly advertises, offers for sale, or sells any goods, wares or merchandise contrary to this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $200 or imprisoned for not more than 30 days, or both. (b) Justices of the peace shall have original and exclusive jurisdiction to hear and determine violations of this chapter. 65 Del. Laws, c. 391, §  1;
6 DE Code § 4710. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 47. Transient Retailers|Subchapter I. General Provisions.|§ 4710. Deceptive trade practices.

§ 4710. Deceptive trade practices. In addition to the criminal penalty provided in § 4709 of this title, any violation of this chapter shall constitute a deceptive trade practice under subchapter III of Chapter 25 of this title. 65 Del. Laws, c. 391, §  1;
6 DE Code § 4721. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 47. Transient Retailers|Subchapter II. Unused Property Markets|§ 4721. Prohibition on sale of certain goods.

§ 4721. Prohibition on sale of certain goods. No unused property merchant shall offer at an unused property market for sale or knowingly permit the sale of baby food, infant formula, cosmetics or any nonprescription drug or medical device. This section shall not apply to a person who keeps available for public inspection a written authorization identifying that person as an authorized representative of the manufacturer or distributor of such product, as long as the authorization is not false, fraudulent or fraudulently obtained. 72 Del. Laws, c. 419, §  1;
6 DE Code § 4722. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 47. Transient Retailers|Subchapter II. Unused Property Markets|§ 4722. Receipts of purchase required for resale; maintenance and inspection of records; destruction or obliteration of receipts.

§ 4722. Receipts of purchase required for resale; maintenance and inspection of records; destruction or obliteration of receipts. (a) No unused property merchant shall offer any new and unused property for sale at an unused property market for which the merchant does not possess a receipt of sale or equivalent documentary evidence of true ownership. (b) Every unused property merchant shall maintain receipts for the purchase of, or other documentary evidence of true ownership of, new and unused property for a period of not less than 2 years from the date of acquisition by the unused property merchant. (c) Receipts for the purchase for new and unused property, and any other documentary evidence of true ownership, must contain at least:  (1) The date of the transaction; (2) The name and address of the person, corporation or entity from whom the new and unused property was acquired; (3) An identification and description of the new and unused property acquired; (4) The price paid for such new and unused property; and (5) The signature of the seller and buyer of the new and unused property. (d) No unused property merchant shall:  (1) Falsify, obliterate or destroy such receipts, or knowingly allow the same to occur; or (2) Refuse or fail, upon request, to make such receipts available for inspection within a period of time which is reasonable under the individual circumstances surrounding such request. (e) Nothing contained in this section shall be construed to require the unused property merchant to possess such receipt on or about his or her person without reasonable notice. 72 Del. Laws, c. 419, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4723. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 47. Transient Retailers|Subchapter II. Unused Property Markets|§ 4723. Unlawful trade in new and unused property; penalties.

§ 4723. Unlawful trade in new and unused property; penalties. (a) Any person who violates the provisions of this subchapter shall, in addition to any other crimes or violations contained in this Code, be guilty of the unlawful trade in new and unused property and shall, in addition to any other penalty provided for in any other provision of this Code:  (1) For the first offense, be guilty of a class B misdemeanor; (2) For a second offense, be guilty of a class A misdemeanor; and (3) For a third or subsequent offense, be guilty of a class G Felony. (b) The Superior Court shall have original jurisdiction over all violations of this subchapter. 72 Del. Laws, c. 419, §  1;
6 DE Code § 4724. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 47. Transient Retailers|Subchapter II. Unused Property Markets|§ 4724. Unlawful trade in new and unused property; exceptions.

§ 4724. Unlawful trade in new and unused property; exceptions. The provisions of this subchapter shall not apply to:  (1) Any event which is organized for the exclusive benefit of any community chest, fund, foundation, association or corporation organized and operated for religious, educational or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event; (2) Any event at which all of the personal property offered for sale or displayed is new, and all persons, selling, exchanging or offering or displaying personal property for sale or exchange, are manufacturers or authorized representatives of manufacturers or distributors; (3) The sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this State; (4) The sale of wood for fuel, ice or livestock; (5) Business conducted in any industry or association trade show; (6) Property, although never used, whose style, packaging or material clearly indicates that such property was not produced or manufactured within recent times; (7) Anyone who sells by sample, catalog or brochure for future delivery; (8) The sale of arts or crafts by a person who produces such arts or crafts; (9) The sale of new and unused property claimed to be the personal possession of the unused property merchant which had been intended for the merchant's personal use; provided, however, that this exception shall not apply to any item of personal property that is 1 of 4 or more identical items that the unused property merchant possesses or offers for sale; or (10) Persons who make sales presentations pursuant to a prior, individualized invitation issued to the consumer by the owner or legal occupant of the premises.72 Del. Laws, c. 419, §  1;
6 DE Code § 73-101. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter I. Introductory Provisions|§ 73-101. Short title; purpose.

§ 73-101. Short title; purpose. (a) This chapter shall be known and may be cited as the “Delaware Securities Act.” (b) The purpose of the Delaware Securities Act is to prevent the public from being victimized by unscrupulous or overreaching broker-dealers, investment advisers or agents in the context of selling securities or giving investment advice, as well as to remedy any harm caused by securities law violations. This prophylactic and remedial purpose shall be deemed of paramount importance in the interpretation of the provisions of this chapter and particularly in any judicial review of sanctions or penalties imposed by the Investor Protection Director and of motions or requests by persons affected to stay such sanctions or penalties. 6 Del. C. 1953, §  7301;  59 Del. Laws, c. 208, §  1;  68 Del. Laws, c. 181, §  17;  78 Del. Laws, c. 175, §§  86, 118;  79 Del. Laws, c. 182, §  2;
6 DE Code § 73-102. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter I. Introductory Provisions|§ 73-102. Administration of chapter.

§ 73-102. Administration of chapter. (a) This chapter shall be administered by the Attorney General who may designate a Deputy Attorney General to act as Investor Protection Director to be the principal executive officer of an Investor Protection Unit of the Department of Justice to act for the Attorney General administering this chapter. The Investor Protection Director shall have the qualifications of and his or her salary shall be fixed as that of a Deputy Attorney General. (b) The Director may make, amend and rescind rules, regulations, forms and orders to carry out and define the provisions of this chapter. The Director shall publish such rules, regulations, forms and orders as such rules specify. (c) The Director may, by rule, regulation or order, delegate the Director's powers, duties and authority to issue orders, pursuant to §§ 73-501 through 73-601 of this title or otherwise in this chapter, to an administrative hearing officer appointed by the Attorney General (or his or her designee). (d) [Repealed.] 6 Del. C. 1953, §  7325;  59 Del. Laws, c. 208, §  1;  67 Del. Laws, c. 274, §  12;  68 Del. Laws, c. 181, §  30;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 175, §§  77-80, 109, 118;  79 Del. Laws, c. 182, §§  1-3, 7;
6 DE Code § 73-201. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter II. Provisions Relating to the Offer, Sale, and Purchase of Securities|§ 73-201. Fraud.

§ 73-201. Fraud. It is unlawful for any person, in connection with the offer, sale or purchase of any security, directly or indirectly:  (1) To employ any device, scheme or artifice to defraud; (2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or (3) To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person. In interpreting this section, courts will be guided by the interpretations given by federal courts to similar language set forth in § 17(a) of the Securities Act of 1933 [15 U.S.C. § 77q] and Rule 10b-5 [17 C.F.R. § 240.10b-5] promulgated under the Securities Exchange Act of 1934, to include, without limitation, any difference in pleading requirements governing actions brought by securities regulators as opposed to private litigants. 6 Del. C. 1953, §  7303;  59 Del. Laws, c. 208, §  1;  68 Del. Laws, c. 181, §  16;  78 Del. Laws, c. 175, §§  118, 122;  79 Del. Laws, c. 182, §  4;
6 DE Code § 73-202. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter II. Provisions Relating to the Offer, Sale, and Purchase of Securities|§ 73-202. Registration of and notice filing for securities.

§ 73-202. Registration of and notice filing for securities. It is unlawful for any person to offer or sell any security in this State unless:  (1) It is registered under this chapter; (2) The security or transaction is exempted under § 73-207 of this title; or (3) It is a federal covered security for which a notice filing has been made pursuant to the provisions of § 73-208 of this title.6 Del. C. 1953, §  7304;  59 Del. Laws, c. 208, §  1;  71 Del. Laws, c. 162, §  6;  78 Del. Laws, c. 175, §§  6, 7, 88, 118;
6 DE Code § 73-209. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter II. Provisions Relating to the Offer, Sale, and Purchase of Securities|§ 73-209. Misleading filings.

§ 73-209. Misleading filings. It is unlawful for any person to make or cause to be made, in any document filed with the Director or in any proceeding under this chapter, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect. 6 Del. C. 1953, §  7310;  59 Del. Laws, c. 208, §  1;  78 Del. Laws, c. 175, §§  95, 118;  79 Del. Laws, c. 182, §  3;