reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2815. Bylaw approval by members.

§ 2815. Bylaw approval by members.
A bylaw is effective when approved by the members. Proposed bylaws or changes shall be submitted to the members for approval by means of a letter ballot returned by not less than 20 percent of the members within 30 days after the mailing thereof. Affirmative votes by the majority of members voting within the prescribed time shall constitute approval by the members.
24 Del. C. 1953, §  2815;  58 Del. Laws, c. 501, §  1;  74 Del. Laws, c. 267, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2816. Code of ethics.

§ 2816. Code of ethics.
(a) The Council shall prepare and publish a code of ethics designed for the protection of the public.
(b) All applicants, members, associate members, affiliate members, adjunct members, holders of certificate of authorization and permittees must subscribe to and follow this code of ethics in the practice of professional engineering, or in seeking to register as a professional engineer or seeking certification as an engineer intern.
(c) The Code of Ethics is available on the Delaware Association of Professional Engineers' website.
24 Del. C. 1953, §  2816;  58 Del. Laws, c. 501, §  1;  69 Del. Laws, c. 412, §§  3, 16;  74 Del. Laws, c. 267, §  1;  81 Del. Laws, c. 193, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2818. Experience and educational equivalence.

§ 2818. Experience and educational equivalence.
(a) For applicants holding a baccalaureate degree in engineering as described in § 2817(1)a. of this title, the experience of a full-time faculty member teaching advanced engineering subjects in an ABET-accredited, or CEAB-accredited engineering curriculum may be accepted as part of the professional experience specified in § 2817(1) or (2) of this title.
(b) For applicants holding a baccalaureate degree in engineering as described in § 2817(1)a. of this title, the award of a master's degree in engineering involving 1 year or more of post graduate study in an engineering educational program approved by the Council may be accepted as 1 year of professional experience required in § 2817 of this title; or
(c) For applicants holding a baccalaureate degree in engineering as described in § 2817(1)a. of this title, the award of a doctorate, with or without a master's degree, involving full-time post-graduate study in an engineering educational program approved by the Council may be accepted as 2 years of professional experience required in § 2817 of this title.
24 Del. C. 1953, §  2818;  58 Del. Laws, c. 501, §  1;  61 Del. Laws, c. 467, §  7;  66 Del. Laws, c. 56, §  9;  67 Del. Laws, c. 6, §  5;  74 Del. Laws, c. 267, §  1;  75 Del. Laws, c. 304, §  3;  79 Del. Laws, c. 112, §  1;  79 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2819. Requirements for certification as an engineer intern.

§ 2819. Requirements for certification as an engineer intern.
The following shall be considered as minimum satisfactory evidence that the applicant is qualified for certification as an engineer intern:
(1) Graduation with a baccalaureate degree from an engineering educational program accredited by the Accreditation Board of Engineering and Technology (ABET), or by a foreign educational program accreditation agency adjudged by ABET to use substantially equivalent accreditation procedures, or from a Council-approved educational program in engineering not accredited by ABET or an ABET-approved foreign educational program accreditation agency, engineering technology or science related to engineering; and
(2) a. Council-approved professional experience of 15 years or more; or
b. Successful passing of a Fundamentals of Engineering examination.
24 Del. C. 1953, §  2819;  58 Del. Laws, c. 501, §  1;  61 Del. Laws, c. 467, §  8;  66 Del. Laws, c. 56, §  10;  67 Del. Laws, c. 6, §  6;  69 Del. Laws, c. 43, §  12;  74 Del. Laws, c. 267, §  1;  79 Del. Laws, c. 112, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2822. Public works.

§ 2822. Public works.
(a) The State, its political subdivisions, agencies, commissions and authorities shall not solicit or receive proposals for, or engage in, the construction of public works involving the practice of engineering as defined in this chapter, unless:
(1) The engineer, partnership or corporation which will perform and/or take responsibility for all engineering work, as identified in the proposal, is authorized to practice engineering under this chapter at the time of submission of the proposal; and
(2) The engineering study, drawings, specifications and estimates are prepared by, and the construction is executed under the responsible charge or direct supervision of a licensee or permittee.
(b) Any contract executed in violation of this section shall be null and void.
24 Del. C. 1953, §  2822;  58 Del. Laws, c. 501, §  1;  61 Del. Laws, c. 467, §  12;  68 Del. Laws, c. 24, §  6;  74 Del. Laws, c. 267, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2826. Injunctive relief.

§ 2826. Injunctive relief.
Whenever it appears to the Council that any person has engaged or is about to engage in any act or practice constituting a violation of any provisions of this chapter, it may in its discretion bring an action in the Court of Chancery to temporarily restrain or to enjoin the acts or practices and to enforce compliance with this chapter. Any permanent injunction granted by the Court of Chancery pursuant to this section shall include an award for the costs of the action and reasonable attorneys' fees to be paid by the defendant, with multiple defendants being jointly and severally liable for such costs and fees. The Court shall not require Council to post a bond.
61 Del. Laws, c. 467, §  15;  72 Del. Laws, c. 298, §  1;  74 Del. Laws, c. 267, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2827. Annual reports.

§ 2827. Annual reports.
The Association shall submit annually to the Governor and the State Auditor an annual report, certified by a certified public accountant, detailing its income, expenses, assets and liabilities, as well as pertinent statistical and narrative information summarizing its regulatory activities, changes in modus operandi and progress made within its area of responsibility. The Association shall send notice to the General Assembly that such report was submitted to the Governor and the State Auditor.
24 Del. C. 1953, §  2826;  58 Del. Laws, c. 501, §  1;  61 Del. Laws, c. 467, §  15;  65 Del. Laws, c. 429, §  1;  74 Del. Laws, c. 267, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2828. Applicability of Freedom of Information Act.

§ 2828. Applicability of Freedom of Information Act.
(a) The Association, the Council, and its committees shall each be deemed a “public body” as that term is used in the Freedom of Information Act, Chapter 100 of Title 29, and for purposes of this section only, all references to “the Council” shall be understood as referring to the Association and committees as well.
(b) In addition to the records which are not deemed public by reason of § 10002 of Title 29, the following records shall not be deemed to be public records:
(1) The application of any person to practice engineering in the State together with all records relating thereto;
(2) Records, reports, correspondence and other documents received by the Council relating to charges against any person that could lead to disciplinary action by the Council; and
(3) All examination materials and related documents.
(c) In addition to the purpose for which a public body may go into executive session pursuant to the Freedom of Information Act, the Council may conduct an executive session for the following purposes:
(1) Consideration of the application of any person for authorization to practice engineering in the State which consideration involves matters of qualification, recommendations, education, experience or testing of the applicant.
(2) Consideration of any charges which could result in disciplinary action by the Council.
(d) For purposes of this section, the term “application” shall mean any application or filing with the Council for the purpose of obtaining authorization to use the term “engineer,” licensure, a certification of authorization, or certification as an engineer intern.
62 Del. Laws, c. 167, §  1;  74 Del. Laws, c. 267, §  1;  78 Del. Laws, c. 162, §§  7, 8;  78 Del. Laws, c. 382, §  1;  83 Del. Laws, c. 190, § 4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2829. Seals, stamps, and signature.

§ 2829. Seals, stamps, and signature.
(a) Each licensee shall obtain a seal of the design authorized by the Council, bearing the licensee's name, license number and the legend “professional engineer.” The seal format may be embossing, rubber stamp or digital. All new licensees must submit proof of their Delaware seal to the Council office no later than 6 months after the licensee's application approval date, and failure to do so will result in the licensee being placed by the Council in delinquent status.
(b) In addition to the embossing seal required by the foregoing provisions of this section:
(1) Licensees may procure and use a stamp containing the same data as the embossing seal, or
(2) Licensees may use a seal, signature, and date that can be created or transmitted electronically.
68 Del. Laws, c. 24, §  8;  74 Del. Laws, c. 267, §  1;  81 Del. Laws, c. 193, § 4;  83 Del. Laws, c. 190, § 5;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2830. Dating, signing and sealing.

§ 2830. Dating, signing and sealing.
(a) All final drawings, specifications and documents involving the practice of engineering as defined in this chapter when issued or filed for public record shall be dated and bear the signature and seal of the licensee or licensees who prepared or approved them.
(b) If original tracings are sealed or stamped, the date of sealing or stamping must appear under the signature.
(c) [Repealed.]
68 Del. Laws, c. 24, §  9;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 267, §  1;  83 Del. Laws, c. 190, § 6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 28. PROFESSIONAL ENGINEERS › § 2831. Continuing professional competency.

§ 2831. Continuing professional competency.
The Council shall prepare and publish guidelines and requirements for the maintenance of professional competency to further Council's charge to safeguard life, health and property, and to promote the public welfare. All active members shall be required to comply with and satisfy all continuing professional competency guidelines and requirements approved by Council.
79 Del. Laws, c. 112, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2900. Objectives.

§ 2900. Objectives.
(a) The primary objective of the Delaware Real Estate Commission, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.
(b) The secondary objectives of the Commission are to maintain minimum standards of licensee competency and to maintain certain standards in the delivery of services to the public.
(c) In meeting its objectives, the Commission shall develop standards assuring professional competence; shall monitor complaints brought against licensees regulated by the Commission; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensees and nonlicensees engaged in the practice of providing real estate services.
63 Del. Laws, c. 463, §  5;  71 Del. Laws, c. 103, §  4;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2904. Organization; meetings; officers; quorum.

§ 2904. Organization; meetings; officers; quorum.
(a) In the same month of each year, the members shall elect from among their number a Chairperson, Vice-Chairperson and Secretary. Each officer shall serve for 1 year, and shall not succeed himself or herself in the same office.
(b) The Commission shall hold regularly scheduled business meetings at least once in each quarter of a calendar year and at such other times as the Chairperson deems necessary, or at the request of a majority of Commission members. Special or emergency meetings may be held, provided a quorum is present.
(c) A majority of members shall constitute a quorum, and no licensee shall be disciplined without the affirmative vote of at least 5 members.
(d) Minutes of all meetings shall be recorded and copies shall be maintained by the Division. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The person requesting it shall incur the expense of preparing any transcript.
35 Del. Laws, c. 63, §  2;  Code 1935, §  5474;  41 Del. Laws, c. 218, §  1;  24 Del. C. 1953, §  2903;  57 Del. Laws, c. 151;  63 Del. Laws, c. 463, §§  6, 7;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 603, §  7;  71 Del. Laws, c. 103, §  1;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2905. Records.

§ 2905. Records.
The Division shall keep a register of all approved applications for licensure and complete records relating to meetings of the Commission, examinations, rosters, changes and additions to the Commission's rules and regulations, complaints, hearings and such other matters as the Commission shall determine. Such records shall be prima facie evidence of the proceedings of the Commission.
35 Del. Laws, c. 63, §§  2, 13;  37 Del. Laws, c. 44, §  1;  Code 1935, §  5485;  24 Del. C. 1953, §  2905;  57 Del. Laws, c. 151;  57 Del. Laws, c. 741, §  28A;  67 Del. Laws, c. 121, §§  4, 5;  67 Del. Laws, c. 144, §  5;  67 Del. Laws, c. 381, §§  3, 4;  74 Del. Laws, c. 262, §  55;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2908. Fees.

§ 2908. Fees.
The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Commission, as well as the proportional expenses incurred by the Division in its services on behalf of the Commission. There shall be a separate fee charged for each service or activity, but no fee shall be charged for an activity not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each biennium year the Division, or any other state agency acting in its behalf, shall compute for each separate service or activity, the appropriate fee for the coming year.
35 Del. Laws, c. 63, §§  6, 13;  Code 1935, §§  5478, 5485;  48 Del. Laws, c. 161, §  1;  24 Del. C. 1953, §  2908;  57 Del. Laws, c. 151;  57 Del. Laws, c. 741, §  28B;  63 Del. Laws, c. 463, §  10;  65 Del. Laws, c. 380, §  4;  67 Del. Laws, c. 121, §  8;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2910. Issuance and renewal of licenses; additional licenses; reinstatement.

§ 2910. Issuance and renewal of licenses; additional licenses; reinstatement.
(a) The Commission shall issue a license to each applicant who meets the requirements of this chapter for licensure as a real estate service provider and who pays the fees prescribed by the Division.
(b) A licensee may obtain an additional license and become affiliated with an additional broker if the licensee:
(1) Obtains, from an additional broker, a written commitment providing that the licensee shall become affiliated with the broker on the granting of an additional license to the licensee;
(2) Gives each broker with whom the licensee is currently affiliated written notice that the licensee intends to affiliate with an additional broker;
(3) Obtains from the broker with whom the licensee is currently affiliated, and from the additional broker, written approval of the licensee's intent to affiliate with an additional broker; and
(4) Complies with the application procedures applicable to additional licenses set forth in the rules and regulations.
(c) On or before the biennial date established by the Division, each licensee shall make application to the Commission for a renewal of license and make payment of the fees prescribed by the Division. The renewal application shall be made online, pursuant to the Commission's rules and regulations.
(d) In addition to the other provisions of this section, each licensee applying for renewal shall be required to successfully complete in the 2-year period prior to the established renewal date continuing education hours in an amount and subject matter as prescribed by the rules and regulations of the Commission. Each licensee at the time of license renewal shall be required to certify to the Commission that he or she has completed the required number of hours in approved courses, seminars and lectures. The Commission shall publish guidelines as to acceptable courses of instruction, seminars and lectures, and shall keep the guidelines current.
(e) At the time of renewal, each licensee shall disclose whether he or she has had any criminal convictions since the last license renewal.
(f) The Commission shall, in its rules and regulations, determine the period of time a licensee may still renew a license if the licensee has failed to renew on or before the established renewal date.
(g) An individual whose license has lapsed may apply to the Commission for reinstatement pursuant to the rules and regulations.
35 Del. Laws, c. 63, §  12;  Code 1935, §  5484;  24 Del. C. 1953, §  2911;  63 Del. Laws, c. 463, §  9;  64 Del. Laws, c. 208, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 603, §  9;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2911. Complaints.

§ 2911. Complaints.
All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
35 Del. Laws, c. 63, §  9;  Code 1935, §  5481;  41 Del. Laws, c. 218, §  2;  24 Del. C. 1953, §  2912;  60 Del. Laws, c. 714, §§  4, 5;  67 Del. Laws, c. 121, §§  10-12, 23;  67 Del. Laws, c. 171, §  2;  67 Del. Laws, c. 256, §  1;  67 Del. Laws, c. 381, §  13;  68 Del. Laws, c. 166, §  2;  69 Del. Laws, c. 86, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 103, §  2;  75 Del. Laws, c. 88, §  17(2);  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2913. Hearing procedures.

§ 2913. Hearing procedures.
(a) If a complaint is filed with the Commission pursuant to § 8735 of Title 29 alleging violation of § 2912 of this title, the Commission shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) Where the licensee is in disagreement with the action of the Commission, the licensee may appeal the Commission's decision to the Superior Court within 30 days of the day that notice of the decision is mailed. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
35 Del. Laws, c. 63, §  10;  Code 1935, §  5482;  24 Del. C. 1953, §  2913 2914;  67 Del. Laws, c. 121, §  23;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 103, §§  3, 4;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2914. Disciplinary sanctions.

§ 2914. Disciplinary sanctions.
(a) The Commission may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations set forth in § 2912 of this title applies to a licensee:
(1) Issue a letter of reprimand;
(2) Place the licensee on probationary status and require the licensee to:
a. Report regularly to the Commission upon the matters which are the basis for the probation; and/or
b. Limit real estate services activities to those areas prescribed by the Commission.
(3) Impose a monetary penalty not to exceed $5,000 for each violation;
(4) Suspend any licensee's license.
(5) Revoke or permanently revoke any licensee's license.
(b) In addition to sanctions imposed under paragraphs (a)(1)-(4) of this section, the Commission may require a licensee to complete continuing education courses in subjects specified by the Commission in addition to those required for licensure renewal.
(c) The Commission may withdraw or reduce conditions of probation when it finds that deficiencies requiring such action have been remedied.
(d) Where the Commission has placed a licensee on probationary status under certain restrictions or conditions and the Commission has determined that such restrictions or conditions are being or have been violated by the licensee, it may, after a hearing on the matter, suspend or revoke the licensee's license.
35 Del. Laws, c. 63, §  9;  Code 1935, §  5481;  41 Del. Laws, c. 218, §  2;  24 Del. C. 1953, §  2912;  60 Del. Laws, c. 714, §§  4, 5;  67 Del. Laws, c. 121, §§  10-12, 23;  67 Del. Laws, c. 171, §  2;  67 Del. Laws, c. 256, §  1;  67 Del. Laws, c. 381, §  13;  68 Del. Laws, c. 166, §  2;  69 Del. Laws, c. 86, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 103, §  2;  75 Del. Laws, c. 88, §  17(2);  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2916. Reinstatement of a suspended license or issuance of a new license after revocation; removal from probationary status.

§ 2916. Reinstatement of a suspended license or issuance of a new license after revocation; removal from probationary status.
(a) Where a license has been suspended due to the disability of the licensee, the Commission may reinstate such license if, after a hearing, the Commission is satisfied that the licensee is able to practice real estate services with reasonable skill and safety.
(b) As a condition to reinstatement of a suspended license, or removal from probationary status, the Commission may reinstate such license if, after a hearing, the Commission is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.
(c) Individuals seeking reinstatement must pay the appropriate fees and submit documentation required by the Commission as evidence that all the conditions of a suspension and/or probation have been met. Proof that the licensee has met the continuing education requirements of this chapter may also be required, as appropriate.
(d) [Repealed.]
(e) An individual whose license has been revoked must apply as a new applicant pursuant to the rules and regulations.
71 Del. Laws, c. 103, §  5;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 166, §  1;  82 Del. Laws, c. 8, § 11;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2917. Effect of revocation of broker's license.

§ 2917. Effect of revocation of broker's license.
The revocation of a broker's license shall automatically suspend every real estate service provider's license granted to any individual by virtue of employment either directly or indirectly by the broker whose license has been revoked, pending a change of employing broker or brokerage organization and the issuance of a new license. Such new license shall be issued without charge, if granted during the same licensure period in which the licensee's original license was granted.
35 Del. Laws, c. 63, §  8;  Code 1935, §  5480;  24 Del. C. 1953, §  2915;  67 Del. Laws, c. 121, §  23;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 103, §  4;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2919. Maintenance of place of business; office permits.

§ 2919. Maintenance of place of business; office permits.
(a) The broker shall maintain an office approved by the Commission or by the state of licensure. Each office shall be under the direction and supervision of the broker. A broker applying for an office in the State of Delaware shall submit an application to the Commission for an office permit with the application fee established by the Division. A permit shall be issued only upon approval by the Commission.
(b) On or before the biennial date established by the Division, the broker shall submit an application to the Division for renewal of the office permit with the renewal fee established by the Division.
(c) The broker's license shall include the address of the approved office.
(d) If the broker maintains more than one office, the broker shall apply for and obtain an additional broker's license and office permit in the broker's name for each branch office. A branch office permit shall be subject to the requirements set forth in subsections (a) and (b) of this section. The application for a branch office shall state the address of the branch office and the designated on-site supervisor. The designated on-site supervisor shall be a licensee with a minimum of 5 years of continuous real estate services experience, which shall be documented on the branch office application. The branch office, any licensees associated with the office and the designated on-site supervisor shall be under the direction and supervision of the broker.
(e) All brokers' offices shall display a conspicuous sign on the outside of the office building as set forth in the Commission's rules and regulations.
(f) Additional requirements for issuance of office permits may be set forth in the Commission's rules and regulations.
35 Del. Laws, c. 63, §  8;  Code 1935, §  5480;  24 Del. C. 1953, §  2918;  60 Del. Laws, c. 714, §  6;  67 Del. Laws, c. 121, §  23;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 103, §  4;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2920. Notice of change in location of business; new license.

§ 2920. Notice of change in location of business; new license.
Notice in writing shall be given to the Commission by the broker and include the names of each licensee included in any change of approved office location, whereupon the Commission shall issue a new license to each licensee for the unexpired period upon payment of the fee established by the Division.
35 Del. Laws, c. 63, §  8;  Code 1935, §  5480;  24 Del. C. 1953, §  2919;  71 Del. Laws, c. 103, §  4;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2921. Notice and procedure on termination of licensee's employment; new license as prerequisite to resumption; inactive status.

§ 2921. Notice and procedure on termination of licensee's employment; new license as prerequisite to resumption; inactive status.
(a) When any licensee is terminated by the broker or broker organization or voluntarily terminates, the broker shall immediately notify the Commission of such termination.
(1) Upon the broker terminating the licensee, the broker, at the time of the notification to the Commission, shall address a communication to the last known address of such licensee. The communication shall advise the licensee of the termination. A copy of the communication to the licensee shall accompany the notification to the Commission.
(2) No terminated licensee shall perform any real estate services or engage directly or indirectly in providing real estate services until the Commission, in its discretion, shall issue a new license showing a new broker and a new approved business location.
(b) Upon completion of a form as provided in the rules and regulations and payment of the prescribed fee, the Commission shall place any active licensee on an inactive status for an unlimited amount of time. A licensee may reactivate an inactive status license, subject to payment of the biennial registration fees, for such time as the license has been inactive, and upon submission of proof of fulfillment of continuing education requirements for each renewal period.
(c) A licensee may transfer his or her license from 1 broker to another upon completion of a form as provided in the rules and regulations and upon payment of the prescribed fee. The releasing broker must file a completed form with the Commission within 5 business days of obtaining a sponsoring broker and the transferring licensee's signatures on the form.
35 Del. Laws, c. 63, §  8;  Code 1935, §  5480;  24 Del. C. 1953, §  2920;  52 Del. Laws, c. 109;  57 Del. Laws, c. 403, §§  1-3;  63 Del. Laws, c. 154, §  1;  67 Del. Laws, c. 121, §  23;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 603, §  10;  71 Del. Laws, c. 103, §  4;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2923. Deposits and escrow accounts; accounting; records inspection and audit.

§ 2923. Deposits and escrow accounts; accounting; records inspection and audit.
(a) Every broker shall establish and maintain an escrow account or accounts in a federally insured banking institution which has offices within the State.
(1) Accounts shall be opened in the name of the brokerage organization and designated as an escrow account.
(2) The broker shall be a signatory on each such account.
(3) Except for the minimum balance required by the bank and money to cover bank fees, each account shall be used only for escrow deposits, earnest money deposits, rental money or other moneys in which broker's customers or clients have an interest where such money is to be held by broker in accordance with the terms of a real estate services transaction.
(b) All escrow deposits, earnest money deposits, rental money or other moneys accepted by a licensee in accordance with the terms of a real estate services transaction shall be accounted for in full upon the signing of a written agreement by all parties and maintained through the consummation or termination of the real estate services transaction. All moneys held by broker shall be disbursed in accordance with the terms of the transaction unless otherwise agreed upon in writing by the parties to the transaction or ordered by a court.
(c) All escrow deposits accepted by a licensee in accordance with the terms of a real estate services transaction shall be accepted in the name of the brokerage organization unless the parties have agreed to a different third-party escrow agent.
(d) Every licensee, upon the signing of a written agreement by all parties to a real estate services transaction, shall promptly pay over the escrow deposit, earnest money deposit, rental money or other moneys as specified in the transaction. The broker shall deposit the moneys into the broker's escrow account within 72 hours of the signing of the written agreement by all parties, or by the dates defined therein, excluding weekends and federal holidays.
(e) The broker shall have accessible at the broker's approved place of business, all books, records, written agreements and other necessary documents to determine the adequacy of the escrow account or accounts. These accounts and records shall be opened to inspection or audit by the Commission and its duly authorized agents at the broker's approved place of business during regular business hours.
24 Del. C. 1953, §  2920B;  57 Del. Laws, c. 151;  67 Del. Laws, c. 121, §  23;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 103, §  4;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2924. Penalties.

§ 2924. Penalties.
A person not currently licensed under this chapter when guilty of engaging in the practice of providing real estate services, or using in connection with that person's name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the person is qualified to provide real estate services, such offender shall be guilty of a misdemeanor. Upon the first offense, that person shall be fined not less than $500 nor more than $5,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $10,000 for each offense. The Justices of the Peace shall have jurisdiction over all violations of this section.
35 Del. Laws, c. 63, §  15;  Code 1935, §  5487;  24 Del. C. 1953, §  2923;  57 Del. Laws, c. 151;  71 Del. Laws, c. 103, §  4;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter I. General Provisions › § 2925. Enforcement.

§ 2925. Enforcement.
The Commission may report an individual for violation of this chapter before any court of competent jurisdiction and it may take the necessary legal steps for the proper legal officers of this State to enforce this chapter and collect the penalties provided in this chapter.
35 Del. Laws, c. 63, §  16;  Code 1935, §  5488;  24 Del. C. 1953, §  2924;  57 Del. Laws, c. 151;  71 Del. Laws, c. 103, §  4;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter II. Business Relationships › § 2926. Applicability.

§ 2926. Applicability.
This subchapter applies to licensees in their business relationships with customers and clients for all types of real estate services whether they are sales, leases, exchanges, management of real estate for others, or real estate counseling conducted by licensees.
75 Del. Laws, c. 277, §  6;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter II. Business Relationships › § 2927. Certain psychological impacts not material facts.

§ 2927. Certain psychological impacts not material facts.
(a) The fact or suspicion that a property might be or is psychologically impacted is not a material fact that must be disclosed in a real property transaction.
(b) No cause of action shall arise against an owner or landlord of real property or a licensee for failure to inquire about, make a disclosure about or release information about the fact or suspicion that such property is psychologically impacted.
(c) Except as stated in subsection (d) of this section if a customer or client makes a specific written request to the owner, landlord or licensee about the psychological impacts regarding a specific property, the owner, landlord or licensee shall answer the questions truthfully, to the best of such owner's, landlord's or licensee's knowledge. The licensee shall have no duty to inquire about the psychological impacts regarding a specific property unless a customer or client, in writing, specifically requests the licensee to ask the owner or landlord for such information.
(d) The owner, landlord or licensee shall not make any disclosure concerning those psychological impacts of HIV, AIDS, or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place even if a customer or client specifically asks about such psychological impacts.
68 Del. Laws, c. 154, §  1;  71 Del. Laws, c. 103, §  4;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter II. Business Relationships › § 2928. Internet and World Wide Web.

§ 2928. Internet and World Wide Web.
Entering a name and email address on an Internet or World Wide Web site is sufficient to establish a broker-consumer relationship for the use of that system, but does not in of itself create a broker-customer or client relationship for any other purpose. The broker may deliver the CIS by the Internet or World Wide Web and the customer may acknowledge receipt of it electronically. However, an exclusive business relationship or obligation for the customer or client to pay any compensation may only be created by a written brokerage agreement signed by the customer or client as a separate document. If the brokerage agreement is signed electronically it may not be part of a general consent to the terms of use of an Internet or World Wide Web site or other electronic device, but must be a conspicuous separate document.
75 Del. Laws, c. 277, §  6;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter II. Business Relationships › § 2929. Financial information.

§ 2929. Financial information.
Licensees do not have a duty to conduct an independent investigation of the customer's or client's financial condition and do not have a duty to independently verify the accuracy or completeness of financial statements made by the customer or client or any independent inspector, auditor, or lender, but if the licensee has actual knowledge of false financial information, the licensee shall advise the party to correct it and shall not pass on the information known to be false.
75 Del. Laws, c. 277, §  6;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter II. Business Relationships › § 2931. Competitive market analysis (“CMA”).

§ 2931. Competitive market analysis (“CMA”).
A competitive market analysis is not an appraisal. A licensee may perform a competitive market analysis as part of providing real estate services. However, a licensee shall not perform a competitive market analysis for the mortgagee on a property that is the subject of a signed agreement of sale. A competitive market analysis as permitted under this chapter shall meet the following criteria:
(1) A competitive market analysis shall only be prepared for the following purposes:
a. An existing or potential seller or owner for the purpose of listing a property for sale or lease; or
b. An existing or potential buyer or tenant for the purpose of purchasing or leasing a property for sale or lease;
(2) The following disclosure shall appear in at least a 12-point bold face type font and located immediately following the estimated market price:
“Notwithstanding any language to the contrary contained herein, this Competitive Market Analysis is NOT an appraisal of the market value for property and is not intended to be used for any legal purpose including approval of a mortgage loan, modification of a mortgage loan, divorce/property separation, estate settlement, bankruptcy proceedings or any other purpose where real estate value is needed. If an appraisal is desired, the services of a licensed or certified appraiser must be obtained.”
(3) The competitive market analysis shall comply with the content requirements as provided in the rules and regulations.
78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter II. Business Relationships › § 2932. Common law of agency.

§ 2932. Common law of agency.
(a) For transactions where the consumer hires a broker as a common law agent, and the broker agrees to become the consumer's common law agent, the common law of agency applies to the extent it is not inconsistent with applicable provisions of this chapter.
(b) The duties of a licensee as a common law agent and corresponding liabilities of the client begin and terminate based upon the common law of agency.
(c) Common law agency disclosure. — (1) All licensees in a common law agency relationship must disclose, in writing, whom they represent. This disclosure shall be made to all parties to a transaction who the licensee does not represent but with whom the licensee has substantive contact, such as prospective sellers, lessors, buyers and lessees.
(2) This disclosure referenced in subsection (a) of this section shall be made at the first substantive contact between the licensee and the person the licensee does not represent. A listing broker who is not also the selling Broker and who has no substantive contact with the prospective buyer or lessee, need not make any agency disclosure to the prospective buyer or lessee.
(3) The Commission may adopt rules and regulations to prescribe the form of disclosure to be used by licensees or minimum criteria for the form of disclosure.
(4) Licensees shall not function in the capacity of a common law agent for transactions concerning a 1-to-4 family residential property unless they have established that relationship in writing and the policy of the broker is to represent only the seller or buyer as a single agent for each transaction and never as a dual agent.
68 Del. Laws, c. 166, §  1;  71 Del. Laws, c. 103, §  4;  75 Del. Laws, c. 277, §§  1, 2, 6;  78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter II. Business Relationships › § 2933. Statutory agency.

§ 2933. Statutory agency.
(a) The common law of agency relative to brokerage relationships in real estate services transactions established pursuant to this chapter is expressly abrogated for any licensee functioning as a broker, associate broker, or salesperson, licensee owner, or brokerage organization as defined in this chapter as a statutory agent. The remainder of this subchapter is intended to occupy completely the field of law relative to brokerage relationships for those real estate services transactions with the licensee or licensee's functioning as statutory agents. For those areas where the public, licensees, regulators, or courts need further guidance as to the conduct of statutory agents, customers and clients, the law governing independent contractor relationships shall apply to the extent it is not inconsistent with the provisions of this chapter.
(b) Statutory interpretation. — Performing the functions of a statutory agent as described in this chapter and the rules and regulations of the Commission shall not be construed to automatically or by implication create a common law agency relationship. This section through § 2938 of this title shall be construed as rules of conduct describing how a licensee works for clients, works with customers, or interacts with the general public as a statutory agent in the capacity of an independent contractor and not as a common law agent.
(c) Presumed statutory agency. — (1) For properties marketed for sale of 1-to-4 family residences or single lot sales of land intended for a 1-to-4 family residence:
a. The licensee working for the buyer is presumed to be a statutory agent representing the buyer;
b. A licensee working for the seller is presumed to be a statutory agent representing the seller; and
c. A licensee working for both buyer and seller is presumed to be a statutory agent representing both parties as a dual agent.
(2) For new construction onsite sales offices for 1-to-4 family residences or single lot sales of land intended for a 1-to-4 family residence, the onsite licensee shall be presumed to be a statutory agent representing the builder or seller.
(3) The presumption of agency may be rebutted by the consumer signing a consumer information statement establishing a different agency relationship.
78 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 29. REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS › Subchapter II. Business Relationships › § 2934. Commencement and termination of duties.

§ 2934. Commencement and termination of duties.
(a) Commencement of duties for a statutory agent. — The duties of confidentiality as required by § 2936(c) of this title begin upon first contact between a licensee and the customer. The other statutory duties between a licensee and client as required by this subchapter begin upon the earlier of:
(1) The first scheduled appointment;
(2) The first showing of a property;
(3) Making an offering; or
(4) Otherwise working for the client;
unless a CIS is signed indicating there is no agency relationship. For transactions exempt from providing the CIS, the duties of the agent commence when the parties form an agency relationship.
(b) Duties of a statutory agent after termination. — A licensee and brokerage organization owe no further duty or obligation to the customer or client after termination, expiration, completion or performance of the transaction or other termination of the brokerage relationship, except the duties of:
(1) Accounting in a timely manner for all money and property related to, and received during the relationship; and
(2) Treating as confidential the information provided by the customer or client during the course of the relationship that may reasonably be expected to have a negative impact on the customer or client's real estate activity unless:
a. The customer or client to whom the information pertains grants written consent;
b. Disclosure of the information, such as defects actually known by the licensee or previously disclosed by the seller on the seller's disclosure of real property condition report or radon disclosure or any other statutorily required form, is required by law;
c. The information is made public or becomes public by the words or conduct of the customer or client to whom the information pertains or from a source other than the licensee or brokerage organization; or
d. Disclosure is necessary to defend the licensee or brokerage organization against an action of wrongful conduct in an administrative or judicial proceeding or before a committee of a professional association.
75 Del. Laws, c. 277, §  6;  76 Del. Laws, c. 258, §  3;  78 Del. Laws, c. 166, §  1;