reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 46. FAIR HOUSING ACT › § 4619. Prohibition of intimidation, violations and penalties.

§ 4619. Prohibition of intimidation, violations and penalties.
Whoever, whether or not acting under color of law, by force or threat of force wilfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with:
(1) Any person because of race, color, national origin, religion, creed, sex, sexual orientation, gender identity, marital status, familial status, source of income, age or disability and because he or she is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for participating in any service, organization or facility relating to the business of selling or renting dwellings; or
(2) Any person because he or she is or has been, or in order to intimidate such person or any other person or any class of persons from:
a. Participating, without discrimination on account of race, color, national origin, religion, creed, sex, sexual orientation, gender identity, marital status, familial status, source of income, age or disability in any of the activities, services, organizations or facilities described in paragraph (1) of this section; or
b. Affording another person or class of persons opportunity or protection so to participate; or
(3) Because any citizen is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, national origin, religion, creed, sex, sexual orientation, gender identity, marital status, familial status, source of income, age or disability in any of the activities, services, organizations or facilities described in paragraph (1) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate, that citizen shall be fined for each such act not more than $2,500, or imprisoned not more than 1 year, or both, and if bodily injury results shall be fined for each such act not more than $10,000, or imprisoned not more than 10 years, or both; and, if death results, for each such act shall be subject to imprisonment for any term of years or for life.
6 Del. C. 1953, §  4613;  57 Del. Laws, c. 32, §  1;  68 Del. Laws, c. 311, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 356, §  28;  77 Del. Laws, c. 90, §  11;  79 Del. Laws, c. 47, §  13;  80 Del. Laws, c. 355, § 7;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 48. SHOPPING CENTERS › § 4801. Definitions.

§ 4801. Definitions.
As used in this chapter:
(1) “Regulations” include any applicable federal regulations, state regulations, local regulations or regulations of the shopping center or a place of business within the shopping center, and include the regulating of the flow and direction of traffic in the parking areas of such shopping center as well as stop signs and no-parking regulations.
(2) “Shopping center” shall mean any area composed of at least 3 places of business which is serviced by a common parking area.
6 Del. C. 1953, §  4801;  58 Del. Laws, c. 431.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 48. SHOPPING CENTERS › § 4802. Local manager.

§ 4802. Local manager.
Every shopping center, whether owned by a single entity which leases the said shopping center or owned by a group of merchants or other persons, shall have a local representative or manager, easily accessible to the general public. Such representative or manager shall be authorized and equipped to represent the owner or owners of the shopping center in the answering of questions, enforcement of regulations and the arbitration of disputes. Each store which is part of the shopping center or which is a member of the shopping center association shall post in a conspicuous location within the store, a poster containing the name, address and phone number of the local representative or manager.
6 Del. C. 1953, §  4802;  58 Del. Laws, c. 431.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 49. MOTOR VEHICLE FRANCHISING PRACTICES › § 4901. Declaration of purpose.

§ 4901. Declaration of purpose.
The General Assembly finds and declares that the distribution and sale of vehicles within this State vitally affects the general economy of the State and the public interest and the public welfare, and that in order to promote the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate vehicle manufacturers, distributors or wholesalers and factory or distributor representatives, and to regulate franchises issued by the aforementioned who are doing business in this State in order to prevent frauds, impositions and other abuses upon its citizens and to protect and preserve the investments and properties of the citizens of this State.
64 Del. Laws, c. 27, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 49. MOTOR VEHICLE FRANCHISING PRACTICES › § 4904. Liability for transportation damages.

§ 4904. Liability for transportation damages.
(a) Notwithstanding the terms, provisions or conditions of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles before delivery to a carrier or transporter.
(b) If a new motor vehicle dealer determines the method of transportation, the risk of loss passes to the dealer upon delivery of the vehicle to the carrier.
(c) In every other instance, the risk of loss remains with the manufacturer until such time as the new motor vehicle dealer or a designee accepts the vehicle from the carrier.
64 Del. Laws, c. 27, §  1;  70 Del. Laws, c. 186, §  2;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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(41) 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;  83 Del. Laws, c. 505, § 1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 49A. AUTO REPAIR FRAUD PREVENTION › § 4908A. Required notice to customers.

§ 4908A. Required notice to customers.
(a) All auto repair shops not otherwise complying with subsection (b) of this section shall post a sign, in a manner conspicuous to the public, which states as follows:
(1) The customer is entitled to receive a written or oral estimate;
(2) No auto repair work charge may exceed the estimate without the customer's consent;
(3) The facility shall offer to return to the consumer all replaced parts except those under warranty or trade-in parts returned to a manufacturer or distributor; and
(4) Complaints can be made to the Consumer Protection and Fraud Division of the Delaware Department of Justice.
(b) To the extent an auto repair facility does not post a sign pursuant to subsection (a) of this section, an automotive repair facility shall, prior to performing auto repair work, disclose to the customer on a separate document or the written estimate itself the following language:
“PLEASE READ CAREFULLY
CHECK ONE OF THE STATEMENTS BELOW AND SIGN
I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A WRITTEN ESTIMATE.    ________ I REQUEST A WRITTEN ESTIMATE.    ________ I REQUEST AN ORAL ESTIMATE.    ________ I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE REPAIR COSTS DO NOT EXCEED $________. THE SHOP MAY NOT EXCEED THIS AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.    ________ I WAIVE MY RIGHT TO AN ESTIMATE.
SIGNED __________________ DATE __________________ ”
The above language shall be in bold typeset at least as large as the size of the print in the main body of the document. The requirements of this section shall be effective as of January 1, 1997.
70 Del. Laws, c. 428, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 49A. AUTO REPAIR FRAUD PREVENTION › § 4909A. Enforcement and remedies.

§ 4909A. Enforcement and remedies.
(a) The Attorney General shall have the same authority in enforcing, remedying, and otherwise carrying out the provisions of this chapter as is provided by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title.
(b) Any violation of § 4903A of this title shall be deemed an unlawful practice in violation of § 2513 of this title.
(c) Transactions where an automotive repair facility has violated the requirements of §§ 4903A, 4904A, 4905A, 4906A and/or 4907A of this title shall be voidable by the consumer in actions brought in the Justice of Peace Courts. In successful actions brought by consumers under this subsection, the automotive repair facility shall be liable to the customer for twice the amount of any consideration obtained in violation of this chapter and the costs of the action; provided however, that the customer must first allow the auto repair facility the opportunity to resolve the dispute prior to filing an action under this subsection; and the Court may further award a customer reasonable attorneys' fees.
Nothing in this subsection shall prohibit a person from otherwise seeking a recovery in an action for damages against an automotive repair facility in a court of competent jurisdiction.
(d) The remedies and penalties provided for in this section are not exclusive and shall be in addition to any other procedures, rights or remedies which exist with respect to any other provisions of law including, but not limited to, state and/or federal criminal prosecutions and/or common law or statutory actions brought by private parties.
70 Del. Laws, c. 428, §  2;  77 Del. Laws, c. 282, §  13;