reglab/housing_qa huggingface dataset:
6 DE Code § 7607. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 76. Delaware Lease-Purchase Agreement Act|§ 7607. Lessee's reinstatement rights.

§ 7607. Lessee's reinstatement rights. (a) A lessee who fails to make timely lease payments may reinstate the original lease-purchase agreement without losing any rights or options previously acquired under the lease-purchase agreement if both of the following apply:  (1) After having failed to make a timely payment, the lessee has surrendered the property to the lessor, if and when requested by the lessor; and (2) In the case of a lessee that has paid less than 60 percent of the total of payments necessary to acquire ownership of the property, not more than 60 days has passed since the lessee returned the property. If the lessee has paid more than 60 percent of the total of payments necessary to acquire ownership of the property, the lessee's rights to reinstate shall be extended for a period of not less than l80 days after the lessee has returned the property. (b) Charges. — As a condition to reinstating a lease-purchase agreement, a lessor may charge the outstanding balance of any accrued payments and delinquency charges, a reinstatement fee not to exceed $5.00, and a reasonable delivery charge, if redelivery of the item is necessary. (c) Substitute items. — If reinstatement occurs pursuant to this section, the lessor shall provide the lessee with the same item, if available, leased by the lessee before reinstatement. If the same item is not available, a substitute item of comparable worth, quality and condition may be used. If a substitute item is provided, the lessor shall provide the lessee with all the information required by § 7603 of this title. 68 Del. Laws, c. 59, §  1;
6 DE Code § 7608. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 76. Delaware Lease-Purchase Agreement Act|§ 7608. Prohibited provisions.

§ 7608. Prohibited provisions. A lease-purchase agreement may not contain a provision:  (1) Requiring a confession of judgment; (2) Authorizing a lessor or an agent of the lessor to commit a breach of the peace in the repossession of property; (3) Waiving a defense, counterclaim or right the lessor may have against the lessor or an agent of the lessor or any assignee of lessor; (4) Requiring the payment of a late charge unless a lease payment is delinquent for more than 2 business days, and the charge or fee shall not be in an amount more than the greater of 10 percent of the delinquent lease payment or $3.00; (5) Requiring a separate payment in addition to lease payments in order to acquire ownership of the property, other than by exercising an early purchase option pursuant to § 7609 of this title; (6) Requiring a waiver of any right of action against the lessor or holder of the lease-purchase agreement or other person acting on the lessor's or holder's behalf, for any illegal act committed in the collection of payment or recover under the lease-purchase agreement or in the repossession of goods.68 Del. Laws, c. 59, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 7609. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 76. Delaware Lease-Purchase Agreement Act|§ 7609. Early purchase option.

§ 7609. Early purchase option. A lease purchase agreement must provide that at any time after the initial rental payment, the lessee may acquire ownership of the property by tendering 55 percent of the difference between the total of rental payments necessary to acquire ownership of the property and the total amount of rent paid for use of the property at that time. 68 Del. Laws, c. 59, §  1;
6 DE Code § 7610. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 76. Delaware Lease-Purchase Agreement Act|§ 7610. Exempted transaction.

§ 7610. Exempted transaction. This chapter does not apply to agreements for the rental of property in which the person who rents the property has no legal right to become the owner of the rented property. 68 Del. Laws, c. 59, §  1;
6 DE Code § 7611. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 76. Delaware Lease-Purchase Agreement Act|§ 7611. Prohibited provisions in lease-purchase agreement as void.

§ 7611. Prohibited provisions in lease-purchase agreement as void. Any provision in a lease-purchase agreement which is prohibited by this chapter shall be void but shall not otherwise affect the validity of the lease-purchase agreement. 68 Del. Laws, c. 59, §  1;
6 DE Code § 7612. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 76. Delaware Lease-Purchase Agreement Act|§ 7612. Receipts; acknowledgement of payment in full for ownership.

§ 7612. Receipts; acknowledgement of payment in full for ownership. (a) If a lessee so requests, the lessor must give or forward to the lessee a receipt for any payment made in cash. The lessor must also furnish, upon the lessee's request, an accounting of all charges, payments and their dates in connection with a lease-purchase agreement. A charge of $5.00 may be imposed upon the lessee by the lessor for the second and each subsequent accounting request by the lessee in a 12-month period. (b) After all lease payments necessary to acquire ownership have been made by a lessee or the lessee has exercised an early purchase option pursuant to § 7603(a)(8) of this title, and upon demand by the lessee, the lessor shall deliver, or mail to the lessee's last known address, such 1 or more good and sufficient instruments as shall be necessary to acknowledge the lessee's full ownership in the property to which the lessee acquired ownership pursuant to the lease-purchase agreement. 68 Del. Laws, c. 59, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 7613. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 76. Delaware Lease-Purchase Agreement Act|§ 7613. Award of reasonable attorneys' fees and court costs to prevailing party.

§ 7613. Award of reasonable attorneys' fees and court costs to prevailing party. A lease-purchase agreement may provide for the payment of reasonable attorneys' fees and actual court costs if it is referred to an attorney for collection. Reasonable attorneys' fees and costs shall be awarded to the prevailing party in any action on a lease-purchase agreement subject to this chapter regardless of whether such action is instituted by the lessor or lessee. Where the defendant alleges in an answer that the defendant tendered either the full amount to which the plaintiff was entitled or possession of the property, and the allegation is found to be true, then the defendant is deemed to be a prevailing party within the meaning of this section. 68 Del. Laws, c. 59, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 7614. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 76. Delaware Lease-Purchase Agreement Act|§ 7614. Waiver prohibited; severability.

§ 7614. Waiver prohibited; severability. (a) Any waiver by the lessee of this chapter shall be deemed contrary to public policy and shall be unenforceable and void. (b) If this chapter or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. 68 Del. Laws, c. 59, §  1;
6 DE Code § 7615. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 76. Delaware Lease-Purchase Agreement Act|§ 7615. Penalties; grace period for compliance; limitation of liability.

§ 7615. Penalties; grace period for compliance; limitation of liability. (a) Any person who shall wilfully violate this chapter shall be guilty of a misdemeanor. (b) In case of a violation of this chapter with respect to any transaction, the lessee in such transaction may recover from the person committing the violation, or may set off or counterclaim in any action by such person, actual damages with a minimum recovery of $300 or 25 percent of the lease payment necessary to acquire ownership, whichever is greater, attorneys' fees and court costs. (c) Notwithstanding this section, any failure to comply with this chapter may be corrected within 10 days after the date of execution of the lease-purchase agreement by the lessee, and, if so corrected, neither the lessor nor any holder is subject to any penalty under this section. (d) A lessor is not liable under this section for damages in excess of the actual damage sustained by the lessee if the lessor shows by a preponderance of the evidence that the violation resulted from a bona fide error notwithstanding the maintenance by the lessor of procedures reasonably adopted to avoid the error. As used in this section, “bona fide error” includes, but is not limited to: Clerical, calculation, computer malfunction and programming and printing errors. 68 Del. Laws, c. 59, §  1;
6 DE Code § 7616. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 76. Delaware Lease-Purchase Agreement Act|§ 7616. Enforcement.

§ 7616. Enforcement. A violation of this chapter shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection, as described in Chapter 25 of Title 29. 68 Del. Laws, c. 59, §  1;  69 Del. Laws, c. 291, §  98(a), (c);  77 Del. Laws, c. 282, §  14;
6 DE Code § 7701. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7701. Short title; purpose.

§ 7701. Short title; purpose. (a) This chapter shall be known and may be cited as the “Delaware Voluntary Alternative Dispute Resolution Act.” (b) The purposes of the Delaware Voluntary Alternative Dispute Resolution Act are to provide a means to resolve business disputes without litigation and to permit parties to agree, prior to any disputes arising between them, to utilize alternative dispute resolution techniques if a dispute occurs. An interpretation of the provisions of this chapter shall seek to achieve these purposes. 70 Del. Laws, c. 151, §  1;
6 DE Code § 7702. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7702. Definitions.

§ 7702. Definitions. As used in this chapter, unless the context otherwise requires:  (1) “ADR” means the alternative dispute resolution method provided for by this chapter unless the parties to a dispute adopt by written agreement some other method of ADR in which event “ADR” shall refer to the method they adopt. (2) “ADR Specialist” means an individual who has the qualifications provided for in § 7708 of this title to conduct an ADR proceeding. (3) A “dispute subject to ADR” means any dispute that:  a. Involves at least $100,000 in contention; and b. Is not a summary proceeding under § 211, § 215, § 220 or § 225 of Title 8. (4) “Person” means any individual, corporation, association, partnership, statutory trust, business trust, limited liability company or other entity whether or not organized for profit.70 Del. Laws, c. 151, §  1;  73 Del. Laws, c. 329, §  40;
6 DE Code § 7703. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7703. How ADR is selected.

§ 7703. How ADR is selected. (a) Any person, by filing the certificate provided for in § 7704 of this title, shall be deemed to have agreed to submit all disputes subject to ADR to the ADR provided for by this chapter. Upon the filing of such certificate, the filer shall be bound by the provisions of this chapter until a certificate of revocation has become effective under § 7707 of this title. (b) In addition to persons covered by subsection (a) of this section, any person who enter into a written agreement with a person who has filed the certificate provided for in § 7704 of this title, when such agreement incorporates (by reference or otherwise) the ADR requirements of this chapter, will be bound by the ADR requirements of this chapter with regard to disputes arising out of the subject matter of such written agreement. For purposes of compliance with this provision, it shall be sufficient for such writing to state:  “The undersigned hereby agree to be bound by the provisions of the Delaware Voluntary Alternative Dispute Resolution Act with respect to any dispute which arises out of the subject matter of this agreement.”70 Del. Laws, c. 151, §  1;
6 DE Code § 7704. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7704. Contents of certificate.

§ 7704. Contents of certificate. (a) The certificate of agreement to submit to ADR shall set forth:  (1) The name of the person filing the certificate, (2) The address of such person (which shall include the street, number, city and state) at which it shall be given notice of any dispute, and (3) The agreement of such person that by filing the certificate that person is bound to follow the provisions of this chapter and submits to the power of any court with jurisdiction over it to require it to participate in ADR with any other person who invokes the provisions of this chapter for any dispute subject to ADR. (b) Any provision in a certificate that purports to limit the disputes that are subject to ADR shall be of no force or effect. 70 Del. Laws, c. 151, §  1;
6 DE Code § 7705. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7705. Place of filing.

§ 7705. Place of filing. (a) The certificate accepting ADR shall be filed with the Secretary of State of the State of Delaware and shall be executed and acknowledged by the chairperson or vice-chairperson of the board of directors or by the president or vice-president of any corporation, by a general partner of any partnership, or by a person with equivalent authority in any other entity. (b) The Secretary of State shall keep such records as are required to determine who has filed a certificate accepting ADR or revoking such a certificate, together with the date of any such filing. 70 Del. Laws, c. 151, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 7706. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7706. Filing fee.

§ 7706. Filing fee. No certificate accepting ADR or revoking ADR shall be filed unless it shall be accompanied by the payment of $1,000 to the State, except that the filing fee shall be $100 for every corporation, limited partnership, statutory trust, limited liability company or other entity organized under the laws of the State. 70 Del. Laws, c. 151, §  1;  73 Del. Laws, c. 329, §  41;
6 DE Code § 7707. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7707. Revocation of ADR.

§ 7707. Revocation of ADR. A certificate accepting ADR may be revoked by the filing of a certificate stating that it revokes a previously filed certificate. A certificate of revocation shall be executed and acknowledged in the same manner as a certificate accepting ADR. A certificate of revocation shall be effective upon filing and payment of the filing fee, except with respect to disputes arising under contracts requiring ADR and which were entered into prior to the filing of the certificate of revocation. 70 Del. Laws, c. 151, §  1;
6 DE Code § 7708. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7708. Qualifications of ADR Specialist.

§ 7708. Qualifications of ADR Specialist. The ADR proceedings shall be conducted by any individual meeting one of the following criteria:  (a) Successful completion of 25 hours of training in resolving civil disputes in a course approved by the department or division of the government authority charged with responsibility over adult education in the jurisdiction where that individual resides, or (b) Admission to the bar of the jurisdiction in which that individual resides, together with a minimum of 5 years experience as a practicing attorney.70 Del. Laws, c. 151, §  1;
6 DE Code § 7710. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7710. Initiation of ADR proceeding.

§ 7710. Initiation of ADR proceeding. ADR proceedings are initiated by written notice to the other parties to a dispute who have filed an ADR certificate in accordance with § 7704 of this title or who have agreed to be bound by the ADR requirements of this chapter. The notice shall state in summary form:  (1) The dispute is subject to the provisions of this chapter, (2) The nature of the dispute to be submitted to ADR and (3) The identities of the members of the panel of ADR Specialists chosen pursuant to § 7709 of this title. A failure to send such a notice to a person who has an interest in the dispute shall not prevent the ADR proceedings from going forward between or among parties who did receive such notice. 70 Del. Laws, c. 151, §  1;
6 DE Code § 7711. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7711. Participation by other parties.

§ 7711. Participation by other parties. When not all the parties to a dispute have filed an ADR certificate or have agreed to be bound by the Delaware Voluntary Dispute Resolution Act, such other parties may be given the opportunity to participate in the ADR proceedings by delivering to them the notice provided for in § 7710 of this title. Parties to the dispute who are not bound to participate in the ADR proceedings may elect to participate in the ADR by selecting an ADR Specialist in accordance with § 7709 of this title. Such selection shall constitute the agreement of the party to be subject to the provisions of this chapter for purposes of the dispute in which the election to participate is made. After the passage of the time for selection of the ADR Specialist, the ADR shall proceed without further notice to or involvement by those parties to the dispute who have not elected ADR. 70 Del. Laws, c. 151, §  1;
6 DE Code § 7712. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7712. Scheduling of ADR proceedings.

§ 7712. Scheduling of ADR proceedings. Promptly after notification of appointment, the ADR Specialist shall: (1) advise the parties of a willingness to serve as the ADR Specialist for this dispute, (2) notify the parties of the expected rate of compensation, and (3) set the time and date of the ADR proceedings which shall be within 60 days of notice of appointment unless the parties and the ADR Specialist agree to another date. Unless otherwise agreed, the ADR proceedings shall be held in the offices of the ADR Specialist. 70 Del. Laws, c. 151, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 7713. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7713. Compensation of ADR Specialist.

§ 7713. Compensation of ADR Specialist. (a) The ADR Specialist shall be reimbursed for all reasonable out-of-pocket expenses. The ADR Specialist shall be compensated on the basis of the Specialist's regular hourly fees for professional services for time spent during the day of the actual ADR proceeding and for any subsequent continuation of the proceedings agreed to by parties. In addition to this compensation for the actual ADR proceeding, the ADR Specialist may charge for up to 10 hours spent in preparing for the ADR proceeding, unless the parties agree to additional preparation time. (b) The ADR Specialist may require the parties, on a pro rata basis, to advance the Specialist's fees for preparation and the actual proceeding within 10 days of the notice of the scheduling of the ADR proceedings. (c) Unless otherwise agreed, the fees and expenses of the ADR Specialist shall be divided among the parties to the proceedings on a pro rata basis. (d) The parties and the ADR Specialist may agree on any method or rate of compensation other than as set forth in this section, provided that such agreement is in a writing signed by the parties to the agreement. 70 Del. Laws, c. 151, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 7714. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7714. Conduct of the ADR proceedings.

§ 7714. Conduct of the ADR proceedings. Subject to any agreement of the parties to adopt different rules of proceeding and the power of the ADR Specialist to modify these procedures in appropriate instances, the ADR shall be conducted as follows:  (a) No later than 7 days prior to the commencement of the ADR, each party shall submit to the ADR Specialist and the other parties a statement of its position in the dispute and such supporting documents as it deems appropriate, provided that such statement of position shall not exceed 25 pages in length. (b) Upon the commencement of the ADR, each party shall have no more than 1 hour to present its position to the ADR Specialist in the presence of the other parties. This presentation may be made by counsel, by examining witnesses or by any other means that is reasonable under the circumstances. Upon conclusion of any party's presentation, the ADR Specialist may permit the other parties to have up to 1 hour to ask questions of the presenting party, with such hour to be divided among the other parties as determined by the ADR Specialist. (c) Upon conclusion of the initial presentations of positions by all the parties and such questioning of the parties as thereafter occurs pursuant to subsection (b) of this section, the ADR Specialist as soon as possible shall attempt to resolve the dispute by meeting with the parties, either separately or as a group as the Specialist determines is appropriate. Such meetings shall conclude when the dispute is resolved or at the regular close of business on the day the ADR commenced, whichever first occurs. (d) If the parties thereafter agree, the ADR Specialist may continue to discuss the resolution of the dispute with them, either separately or together, until any party notifies the ADR Specialist that such discussions are at an impasse.70 Del. Laws, c. 151, §  1;
6 DE Code § 7715. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7715. Conclusion of ADR.

§ 7715. Conclusion of ADR. Any settlement of the dispute submitted to ADR shall be reduced to writing as soon as possible after the settlement is reached, with such writing to be prepared by the ADR Specialist (unless the parties otherwise agree as part of their settlement that they will prepare the writing) and shall be signed by the parties to be valid and binding upon them. If no settlement is reached at the close of business on the day the ADR is commenced or after further mediation at the parties request until an impasse is declared, the ADR Specialist shall declare the ADR has concluded by advising the parties in writing. 70 Del. Laws, c. 151, §  1;
6 DE Code § 7716. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7716. Confidentiality.

§ 7716. Confidentiality. All ADR proceedings shall be confidential and any memoranda submitted to the ADR Specialist, any statements made during the ADR and any notes or other materials made by the ADR Specialist or any party in connection with the ADR shall not be subject to discovery or introduced into evidence in any proceeding and shall not be construed to be a waiver of any otherwise applicable privilege. Nothing in this section shall limit the discovery or use as evidence of documents that would have otherwise been discoverable or admissible as evidence but for the use of such documents in the ADR proceeding. 70 Del. Laws, c. 151, §  1;
6 DE Code § 7717. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 77. Voluntary Alternative Dispute Resolution|§ 7717. Immunity.

§ 7717. Immunity. The ADR Specialist shall have such immunity as if the Specialist were a judge acting in a court with jurisdiction over the subject matter and the parties involved in the dispute that led to ADR. 70 Del. Laws, c. 151, §  1;  70 Del. Laws, c. 186, §  1;