Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 4901. Declaration of purpose.
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§ 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 a…
6 Del. C. § 4902. Definitions.
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§ 4902. Definitions. As used in this chapter: (1) “Commission” means the Public Service Commission. (2) “Dealership facilities” means the real estate, buildings, fixtures and improvements which have been devoted to the conduct of business under the franchise by the new motor vehi…
6 Del. C. § 4903. Sales incentives; warranty and predelivery obligations to new motor vehicle dealers.
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§ 4903. Sales incentives; warranty and predelivery obligations to new motor vehicle dealers. (a) (1) Each new motor vehicle manufacturer shall do all of the following: a. Specify in writing to each of its new motor vehicle dealers licensed in this State the dealer’s obligations f…
6 Del. C. § 4904. Liability for transportation damages.
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§ 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 determi…
6 Del. C. § 4905. Product liability indemnification.
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§ 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 …
6 Del. C. § 4906. Termination, cancellation or nonrenewal of franchise — Requisites.
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§ 4906. Termination, cancellation or nonrenewal of franchise — Requisites. (a) Notwithstanding the terms, provisions or conditions of any franchise or notwithstanding the terms or provisions of any waiver, no manufacturer shall cancel, terminate or fail to renew any franchise wit…
6 Del. C. § 4907. Termination, cancellation or nonrenewal of franchise — Compensation by manufacturer.
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§ 4907. Termination, cancellation or nonrenewal of franchise — Compensation by manufacturer. Upon the termination, nonrenewal, discontinuance, or cancellation of any franchise by the manufacturer or by the new motor vehicle dealer, the new motor vehicle dealership shall be compen…
6 Del. C. § 4908. Termination, cancellation or nonrenewal of franchise — Dealership facilities assistance.
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§ 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, li…
6 Del. C. § 4909. Succession to ownership of new motor vehicle dealer.
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§ 4909. Succession to ownership of new motor vehicle dealer. (a) Any owner of a new motor vehicle dealership may appoint by will or any other written instrument a designated family member to succeed in the ownership interest of the said owner in the new motor vehicle dealership. …
6 Del. C. § 4910. Sale of dealership franchise, notice to franchiser, and right of first refusal.
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§ 4910. Sale of dealership franchise, notice to franchiser, and right of first refusal. (a) If a new motor vehicle dealer desires to make a change in its executive management or ownership or to sell its principal assets, the new motor vehicle dealer will give the franchiser writt…
6 Del. C. § 4911. Sale of dealership franchise, notice to franchiser, and right of first refusal — Burden of proof.
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§ 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 burd…
6 Del. C. § 4912. Written designation of succession unaffected.
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§ 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 suc…
6 Del. C. § 4913. Unlawful acts by manufacturers.
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§ 4913. Unlawful acts by manufacturers. (a) Notwithstanding the terms of any franchise agreement, it shall be a violation of this chapter for any manufacturer licensed under this chapter to require, attempt to require, coerce or attempt to coerce any new motor vehicle dealer in t…
6 Del. C. § 4914. Validity of certain agreements.
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§ 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 …
6 Del. C. § 4915. Limitations on establishing or relocating dealers.
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§ 4915. Limitations on establishing or relocating dealers. (a) In the event that a manufacturer seeks to enter into a franchise establishing an additional new motor vehicle dealer or relocating an existing new motor vehicle dealer within or into a relevant market area where the s…
6 Del. C. § 4916. Civil actions for violations.
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§ 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 …
6 Del. C. § 4917. Applicability of chapter.
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§ 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 subjec…
6 Del. C. § 4918. Limitations of actions.
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§ 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 pe…
6 Del. C. § 4919. Consumer data protection.
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§ 4919. Consumer data protection. (a) As used in this section: (1) “Consumer data” means “nonpublic personal information,” as defined in 15 U.S.C. § 6809(4), that is collected by a motor vehicle dealer and is provided by the motor vehicle dealer directly to a manufacturer or thir…
6 Del. C. § 4920. Association standing.
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§ 4920. Association standing. (a) In order to prevent injury or harm to all or a substantial number of its members or to the franchise distribution system of new motor vehicles within this State, any association that has as members at least 30 new motor vehicle dealers or 6 motor…