Title 24, Professions and Occupations

§ 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. (…

§ 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 …

§ 2906. Powers and duties [For application of this section, see 85 Del. Laws, c. 277, § 5]. (a) The Commission shall have the authority to: (1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance…

§ 2907. Qualifications of applicant; application; examination; report to Attorney General; judicial review. (a) All applicants shall meet the following conditions: (1) Shall be competent to transact real estate services by meeting the requirements of this section and the rules an…

§ 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 Com…

§ 2909. Reciprocal licensure. (a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Commission, and subject to the further requirements set forth in this section, the Commission shall grant a license to an applican…

§ 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…

§ 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…

§ 2912. Grounds for discipline. (a) A licensee shall be subject to disciplinary sanctions set forth in § 2914 of this title if after a hearing, the Commission finds that the licensee: (1) Has made any substantial misrepresentation; or (2) Has made any false promise of a character…

§ 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 hea…

§ 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…

§ 2915. Temporary suspension pending hearing. (a) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, welfare or safety, the Commission may temporarily suspend the licensee’s license…

§ 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 Commissio…

§ 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 rev…

§ 2918. Form and display of license [Repealed].35 Del. Laws, c. 63, § 7; Code 1935, § 5479; 24 Del. C. 1953, § 2917; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 103, § 4; 78 Del. Laws, c. 166, § 1; repealed by 82 Del. Laws, c. 8, § 11, effective Apr. 9, 2019.;

§ 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 Delaw…

§ 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 li…

§ 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…

§ 2922. Real Estate Guaranty Fund. (a) The Commission shall establish and maintain a Real Estate Guaranty Fund (hereinafter referred to as the “Fund”) from which, subject to this section, any person who obtains a final judgment against a licensee or brokerage organization for los…

§ 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 t…

§ 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…

§ 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 i…

§ 2925A. The Rights and Responsibilities Guide for Landlords and Tenants Committee [For application of this section, see 85 Del. Laws, c. 277, § 5]. (a) For purposes of this section: (1) “Committee” means the Rights and Responsibilities Guide for Landlords and Tenants Committee. …

§ 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 lic…

§ 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 landlor…

§ 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 oth…

§ 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…

§ 2930. Compensation. (a) Written brokerage agreements. — Nothing in this chapter obligates a buyer, tenant, seller or landlord to pay compensation to a broker or brokerage organization unless that party has entered into a written brokerage agreement with the broker or brokerage …

§ 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…

§ 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 ch…

§ 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, …

§ 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…

§ 2935. Duty to cooperate. (a) Licensees shall cooperate with all other licensees involved in a transaction except when cooperation is not in the customer’s or client’s best interest. The obligation to cooperate does not include any obligation to share commissions or to otherwise…

§ 2936. Broker, associate broker and salesperson as a statutory agent. (a) Unless specifically hired as a common law agent by a written brokerage agreement, a licensee is a statutory agent and not a common law agent for any party. The broker may from time to time designate 1 or m…

§ 2937. Vicarious liability; protections when working with a statutory agent. (a) A customer or client shall not be liable for a wrongful act, error, omission, or misrepresentation of the licensee except to the extent the customer or client had actual knowledge of the wrongful ac…

§ 2938. Consumer information statement; confidentiality. (a) The Commission shall establish by rule and regulation a consumer information statement (“CIS”). The Commission may provide alternative consumer information statements for residential properties, properties that do not c…

§ 2939. Limitations on local business licensing requirements, fees and taxes. (a) A county, municipality, or other political subdivision of the State shall not impose local business licensing requirements, fees, or taxes upon real estate brokers, associate brokers, brokerage orga…

§ 2940. Requirements for wholesaling; right to cancel agreement of sale or contracts for wholesale transactions. (a) An owner of a fee simple or leasehold interest in real property who is party, as seller, in a wholesale transaction has the right to cancel an agreement of sale or…