reglab/housing_qa huggingface dataset:
6 DE Code § 4325. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter VI. Refinancing and Consolidation|§ 4325. Refinancing of unpaid balance; charges; agreement for refinancing.

§ 4325. Refinancing of unpaid balance; charges; agreement for refinancing. The holder of a retail installment contract or contracts may, upon agreement in writing with the buyer, refinance the payment of the unpaid time balance or balances of the contract or contracts by providing for a new schedule of installment payments. The holder may charge and contract for the payment of a refinance charge by the buyer and collect and receive the same, but such refinance charge:  (1) Shall be based upon the amount refinanced, plus any additional cost of insurance and of official fees incident to such refinancing, after the deduction of a refund credit in an amount equal to that to which the buyer would have been entitled under § 4322 of this title, if the buyer has prepaid in full the buyer's obligations under the contract or contracts, but in computing such refund credit there shall not be allowed the minimum earned service charge as authorized by such section, and (2) May not exceed the rate of service charge provided under §§ 4315-4317 of this title. Such agreement for refinancing may also provide for the payment by the buyer of the additional cost to the holder of the contract or contracts of premiums for continuing in force, until the maturity of the contract or contracts as refinanced, any insurance coverages provided for therein, subject to § 4305 of this title. The refinancing agreement shall set forth the amount of the unpaid time balance or balances to be refinanced, the amount of any refund credit, the amount to be refinanced after the deduction of the refund credit, the amount of the service charge under the refinancing agreement, any additional cost of insurance and of official fees to the buyer, the new unpaid time balance and the new schedule of installment payments. Where there is a consolidation of 2 or more contracts then §§ 4327 and 4328 of this title shall apply. 6 Del. C. 1953, §  4325;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4326. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter VI. Refinancing and Consolidation|§ 4326. Default in payment of certain installments; buyer entitled to new payment schedule.

§ 4326. Default in payment of certain installments; buyer entitled to new payment schedule. In the event a contract provides for the payment of any installment which is more than double the amount of the average of the preceding installment, the buyer, upon default of this installment, shall be given an absolute right to obtain a new payment schedule. Unless agreed to by the buyer, the periodic payments under the new schedule shall not be substantially greater than the average of the preceding installments. 6 Del. C. 1953, §  4326;  52 Del. Laws, c. 342.;
6 DE Code § 4327. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter VII. Add-on Sales|§ 4327. Addition of subsequent purchases to contract.

§ 4327. Addition of subsequent purchases to contract. A retail installment contract which otherwise conforms to the requirements of this chapter, may contain the provision that the seller may at the seller's option add subsequent purchases made by the buyer to the contract, and that the total price of the goods or services covered by the contract shall be increased by the price of such additional goods or services, and that all service charges and installment payments may, at the seller's option, be increased proportionately, and that all terms and conditions of the contract shall apply equally to such additional goods or services. The contract may also provide that the goods purchased under the previous contract or contracts shall be security for the goods purchased under the subsequent contract but only until such time as the time sale price under the previous contract or contracts is fully paid. 6 Del. C. 1953, §  4327;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4328. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter VII. Add-on Sales|§ 4328. Allocation of payments made subsequent to add-on purchases.

§ 4328. Allocation of payments made subsequent to add-on purchases. When a subsequent purchase is made, the entire amount of all payments made previous thereto shall be deemed to have been applied toward the payment of the previous time sale price or time sale prices. Each payment thereafter received shall be deemed to be allocated to all of the various time sale prices in the same proportion or ratio as the original cash sale prices of the various purchases bear to one another; where the amount of each installment payment is increased in connection with the subsequent purchase, the subsequent payments (at the seller's election) may be deemed to be allocated as follows: an amount equal to the original rate, to the previous time sale price, and an amount equal to the increase, to the subsequent time sale price. However, the amount of any initial or down payment on the subsequent purchase shall be deemed to be allocated in its entirety to such purchase. 6 Del. C. 1953, §  4328;  52 Del. Laws, c. 342.;
6 DE Code § 4329. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter VII. Add-on Sales|§ 4329. Memorandum on subsequent purchases to be furnished to buyer.

§ 4329. Memorandum on subsequent purchases to be furnished to buyer. (a) When a subsequent purchase is made, the seller shall deliver to the buyer, prior to the due date of the first installment, a memorandum which shall set forth the following:  (1) The names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer and a description of the goods and services sufficient to identify them. Services or multiple items of goods may be described in general terms and may be described in detail in a separate writing. (2) The cash sale price of the goods, services and accessories which are the subject matter of the new retail installment sale. (3) The amount of the buyer's down payment, itemizing the amounts paid in money and in goods and containing a brief description of the goods, if any, traded in. (4) The difference between paragraphs (a)(2) and (a)(3) of this section. (5) The amount, if any, included for insurance, specifying the coverages and the cost of each type of coverage. (6) The amount, if any, of official fees. (7) The unpaid balance, which is the sum of paragraphs (a)(4), (5) and (6) of this section. (8) The unpaid time balance of the prior contract or contracts. (9) The new unpaid balance, which is the sum of paragraphs (a)(7) and (8) of this section. (10) The amount of the service charge computed in conformity with § 4315 of this title. (11) The consolidated time balance, which is the sum of paragraphs (a)(9) and (10) of this section, payable by the buyer to the seller, the number of installments required, the amount of each installment expressed in dollars and the due date or period thereof. (b) The items need not be stated in the sequence or order set forth above; additional items may be included to explain the computations made in determining the amounts to be paid by the buyer. (c) This memorandum shall contain the statement that the seller is adding the subsequent purchase to the buyer's existing contract in accordance with the provisions thereof. 6 Del. C. 1953, §  4329;  52 Del. Laws, c. 342.;
6 DE Code § 4330. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter VII. Add-on Sales|§ 4330. Obligation of buyer in absence of memorandum.

§ 4330. Obligation of buyer in absence of memorandum. Until the seller delivers to the buyer the memorandum as provided in § 4329 of this title, the buyer shall be obligated to pay only the cash sale price of the subsequent purchase. 6 Del. C. 1953, §  4330;  52 Del. Laws, c. 342.;
6 DE Code § 4331. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter VII. Add-on Sales|§ 4331. Service charge on consolidated time balance.

§ 4331. Service charge on consolidated time balance. Subject to the other provisions of §§ 4315-4317 of this title, the service charge to be included in a consolidated time balance shall be determined by applying the service charge at the applicable rate specified in that article to either:  (1) The total of the unpaid balance of the subsequent contract and the unpaid balance of any previous contract included in the consolidated total determined by deducting from the then unpaid time balance thereof any then unearned service charge in an amount not less than the refund credit for anticipation in §§ 4320-4323 of this title (computed, however, without the allowance of any minimum earned service charge), for the period from the date thereof to and including the date when the final installment of such consolidated total is payable; or (2) The principal balance of the subsequent contract for the period from the date thereof to and including the date when the final installment of such consolidated total is payable and, if the due date of the final installment of such consolidated total is later than the due date of the final installment of any previous contract included in the consolidated total, on the time balance then unpaid on such previous contract from the date when the final installment thereof was payable to the date when the final installment of such consolidated total is payable.6 Del. C. 1953, §  4331;  52 Del. Laws, c. 342.;
6 DE Code § 4332. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter VII. Add-on Sales|§ 4332. Minimum service charge in add-on transactions.

§ 4332. Minimum service charge in add-on transactions. The minimum service charge as provided in paragraph (3) [repealed] of § 4315 of this title may be used but once in any series of add-on transactions. 6 Del. C. 1953, §  4332;  52 Del. Laws, c. 342.;
6 DE Code § 4333. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter VIII. Terms of Purchase by Financing Agency|§ 4333. Purchase of contract by financing agency authorized; notice of assignment not required.

§ 4333. Purchase of contract by financing agency authorized; notice of assignment not required. Notwithstanding any contrary provision of this title, a financing agency may purchase a retail installment contract or installment account from a seller on such terms and conditions and for such price as may be mutually agreed upon. No filing of notice or of the assignment, no notice to the buyer of the assignment, and no requirement that the seller be deprived of dominion over payments upon the contract or installment account or over the goods if repossessed by the seller, shall be necessary to the validity of a written assignment of a contract or installment account as against creditors, subsequent purchasers, pledgees, mortgagees or encumbrancers of the seller, except as may otherwise be required by law. 6 Del. C. 1953, §  4333;  52 Del. Laws, c. 342.;
6 DE Code § 4334. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IX. Retail Installment Accounts|§ 4334. Establishment of retail installment account authorized; statement of service charges to be furnished to buyer.

§ 4334. Establishment of retail installment account authorized; statement of service charges to be furnished to buyer. A retail installment account may be established by the seller upon the request of a buyer or prospective buyer. The statement that “service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month” shall be printed in type no smaller than 8 points in every application form used by the seller and shall be stated to the applicant when such installment accounts are negotiated by telephone. 6 Del. C. 1953, §  4334;  52 Del. Laws, c. 342.;
6 DE Code § 4335. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IX. Retail Installment Accounts|§ 4335. Confirmation of account by seller; contents; proof of mailing.

§ 4335. Confirmation of account by seller; contents; proof of mailing. (a) At the time a seller accepts the credit of the buyer and establishes a retail installment account for that buyer's use, the seller shall confirm this fact to the buyer in writing. Such confirmation shall contain a clear and understandable statement of the rates of service charge, without regard to the variations contained in § 4337 of this title, which will be collected from the buyer, but may contain the clause that such rates are subject to change if permitted by law. This confirmation shall also contain a legend that the buyer may at any time pay the entire balance. (b) The confirmation shall be in type no smaller than elite typewriter characters. (c) If no copy of the confirmation is retained by the seller, a notation in the permanent record showing that such confirmation was mailed, and the date of mailing, shall serve as prima facie evidence of such mailing. 6 Del. C. 1953, §  4335;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4336. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IX. Retail Installment Accounts|§ 4336. Display of service charge rates by seller.

§ 4336. Display of service charge rates by seller. Each retail seller, before the retail seller can benefit from the service charges permitted by this subchapter, shall display prominently in the retail seller's main place of business and in each branch thereof, a statement outlining the service charge rates which will conform to § 4337 of this title. 6 Del. C. 1953, §  4336;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4337. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IX. Retail Installment Accounts|§ 4337. Service charge.

§ 4337. Service charge. Subject to the other provisions of this subchapter a retail seller or the holder of a retail installment account may charge and collect a service charge computed on the outstanding unpaid indebtedness in a buyer's retail installment account and may calculate such service charge in the manner and at such daily, weekly, monthly, annual or other periodic percentage rate or rates as the agreement governing retail installment account provides; provided, however, that if the service charge as so computed is less than $1.00 for any month, the holder may charge $1.00 as a service charge for such month. If the applicable periodic percentage rate under the agreement governing a retail installment account is other than daily, the service charge may be calculated on an amount not in excess of the average of outstanding unpaid indebtedness for the applicable billing period, determined by dividing the total of the amounts of outstanding unpaid indebtedness for each day in the applicable billing period by the number of days in the billing period. If the applicable periodic percentage rate under the agreement governing the retail installment account is monthly, a billing period shall be deemed to be a month or monthly if the last day of each billing period is on the same day of each month or does not vary by more than 4 days therefrom. 6 Del. C. 1953, §  4337;  52 Del. Laws, c. 342;  62 Del. Laws, c. 228, §§  10, 11;  63 Del. Laws, c. 2, §  19;
6 DE Code § 4338. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IX. Retail Installment Accounts|§ 4338. Monthly statement of account.

§ 4338. Monthly statement of account. (a) The seller or holder of a retail installment account shall promptly provide the buyer with a statement as of the end of each monthly period (which need not be a calendar month) setting forth the following:  (1) The balance due to the seller or holder from the buyer at the beginning of the monthly period; (2) The dollar amount of each purchase by the buyer during the monthly period and (unless a sales slip or memorandum of each purchase has previously been furnished the buyer or is attached to the statement), the purchase or posting date, a brief description and the cash price of each purchase; (3) The payments made by the buyer to the seller or holder and any other credits to the buyer during the monthly period; (4) The amount of the service charge; (5) The total balance in the account at the end of the monthly period; (6) A legend to the effect that the buyer may at any time pay the total balance. (b) The items need not be stated in the sequence or order set forth above; additional items may be included to explain the computations made in determining the amount to be paid by the buyer. 6 Del. C. 1953, §  4338;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4339. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IX. Retail Installment Accounts|§ 4339. Charges included in installment account service charge; additional charges prohibited.

§ 4339. Charges included in installment account service charge; additional charges prohibited. The service charge shall include all charges incident to investigating and making the retail installment account. No fee, expense, delinquency, collection or other charge whatsoever shall be taken, received, reserved or contracted by the seller or holder of a retail installment account except as provided in this section. A seller may, however, in an agreement which is signed by the buyer and of which a copy is given or furnished to the buyer provide for the payment of attorney's fees and costs in conformity with § 4345 of this title. 6 Del. C. 1953, §  4339;  52 Del. Laws, c. 342.;
6 DE Code § 4340. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IX. Retail Installment Accounts|§ 4340. Insurance; cost and procurance of.

§ 4340. Insurance; cost and procurance of. If the cost of any insurance is to be separately charged to the buyer, there shall be an agreement to that effect, signed by both the buyer and the seller, a copy of which shall be given or furnished to the buyer. Such agreement shall state whether the insurance is to be procured by the buyer or the seller or holder. If the insurance is to be procured by the seller or holder, the seller or holder shall comply with the provisions of § 4307 of this title. 6 Del. C. 1953, §  4340;  52 Del. Laws, c. 342.;
6 DE Code § 4341. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IX. Retail Installment Accounts|§ 4341. Security interest of seller in goods.

§ 4341. Security interest of seller in goods. Nothing in this subchapter prohibits the execution of an agreement between a buyer and seller whereby the seller retains a security interest in goods sold to the buyer until full payment therefor has been made. Section 4328 of this title shall apply to goods sold under such an agreement. 6 Del. C. 1953, §  4341;  52 Del. Laws, c. 342.;
6 DE Code § 4342. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IX. Retail Installment Accounts|§ 4342. Notes cutting off buyer's right of action or defense against seller prohibited.

§ 4342. Notes cutting off buyer's right of action or defense against seller prohibited. No retail installment account shall require or entail the execution of any note or series of notes by the buyer which, when separately negotiated, will cut off as to third parties, any right of action or defense which the buyer may have against the seller. 6 Del. C. 1953, §  4342;  52 Del. Laws, c. 342.;
6 DE Code § 4343. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter IX. Retail Installment Accounts|§ 4343. Application of other sections to retail installment accounts.

§ 4343. Application of other sections to retail installment accounts. The provisions of §§ 4320 and 4323 of this title shall apply to retail installment accounts. 6 Del. C. 1953, §  4343;  52 Del. Laws, c. 342.;
6 DE Code § 4344. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter X. Attorney’s Fees and Court Costs|§ 4344. Award of reasonable attorney's fees and court costs to prevailing party.

§ 4344. Award of reasonable attorney's fees and court costs to prevailing party. A contract or installment account may provide for the payment of reasonable attorney's fees and actual court costs if it is referred to an attorney for collection. Reasonable attorney's fees and costs shall be awarded to the prevailing party in any action on a contract or installment account subject to the provisions of this chapter regardless of whether such action is instituted by the seller, holder, or buyer. Where the defendant alleges in an answer that the defendant tendered to the plaintiff the full amount to which the plaintiff was entitled, and thereupon deposits in court, for the plaintiff, the amount so tendered, and the allegation is found to be true, then the defendant is deemed to be a prevailing party within the meaning of this section. 6 Del. C. 1953, §  4344;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4345. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter XI. Attachment|§ 4345. Limited exemption of salary or wages.

§ 4345. Limited exemption of salary or wages. In addition to any existing exemption under any other provisions of law, the salary or wages of a defendant are exempt from attachment for a period of 60 days from the date of default of the contract or installment account for any claim arising out of a contract or installment account subject to the provisions of this title. 6 Del. C. 1953, §  4345;  52 Del. Laws, c. 342.;
6 DE Code § 4346. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter XII. Repossession and Resale|§ 4346. Remedies available to holder on default of buyer.

§ 4346. Remedies available to holder on default of buyer. In the event of any default by the buyer in the performance of obligations under a contract or installment account, the holder, pursuant to any rights granted therein, may proceed to recover judgment for the balance due without retaking the goods, or the holder may retake the goods and proceed as provided for in Article 9 of Subtitle I of this title. 6 Del. C. 1953, §  4346;  52 Del. Laws, c. 342;  56 Del. Laws, c. 221;  70 Del. Laws, c. 186, §  1;
6 DE Code § 4347. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter XIII. Penalties|§ 4347. Violation as misdemeanor.

§ 4347. Violation as misdemeanor. Any person who shall wilfully violate this chapter shall be guilty of a misdemeanor. 6 Del. C. 1953, §  4347;  52 Del. Laws, c. 342.;
6 DE Code § 4348. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 43. Retail Installment Sales|Subchapter XIII. Penalties|§ 4348. Knowledge by assignee of noncompliance with chapter as barring recovery of charges; recovery by buyer of charges paid.

§ 4348. Knowledge by assignee of noncompliance with chapter as barring recovery of charges; recovery by buyer of charges paid. In case of failure by any person to comply with the provisions of this chapter, such person or any person who acquires a contract or installment account with knowledge of such noncompliance is barred from recovery of any time price differential or service charge or of any delinquency, collection, extension, deferral or refinance charge imposed in connection with such contract or installment account and the buyer shall have the right to recover from such person an amount equal to any of such charges paid by the buyer. 6 Del. C. 1953, §  4348;  52 Del. Laws, c. 342.;