Title 21 — Motor Vehicles

§ 6301. Definitions [For application of this section, see 79 Del. Laws, c. 161, § 5]. As used in this chapter: (1) “Consignment” is when a vehicle owner enters into an agreement with a dealer for the sale of a vehicle without a transfer of ownership to the dealer. (2) “Dealer” or…

§ 6302. License requirements [For application of this section, see 85 Del. Laws, c. 40, § 15]. (a) Department approval. — No person, corporation, partnership, proprietorship or any other legal entity shall carry on or conduct the business of buying, selling or dealing in new or u…

§ 6303. Location requirements; records [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) Except as provided in § 6311(b) of this title, no dealers license shall be issued to any vehicle dealer unless the dealership has an established place of business owned, r…

§ 6304. Expiration and renewal of license. Each license issued under this title shall expire at midnight on December 31 of the period for which it was issued and may be renewed upon application to the Department prior to its expiration. Dealers who have not sold a minimum of 5 ve…

§ 6305. Bill of sale. Every motor vehicle dealer shall complete, in duplicate, a bill of sale for each sale or exchange of a motor vehicle. The original shall be retained for a period of 5 years. A duplicate copy shall be delivered to the purchaser at the time of sale or exchange…

§ 6306. Consignment vehicles-contract. Any motor vehicle dealer offering a vehicle for sale on consignment shall have in their possession a consignment contract for the vehicle, executed and signed by the dealer and the consignor. The consignment contract shall include the follow…

§ 6307. Wholesale Dealers. (a) A wholesale dealer who is licensed by the Division is authorized to do the following: (1) Buy a vehicle from another dealer, a licensed auto auction or retail seller; (2) Sell a vehicle to, or exchange vehicles only with another dealer or through a …

§ 6308. Auctions. (a) Each person who conducts auctions of vehicles shall keep a record of each of the following: (1) The name and address of the consignor or seller; (2) The date on which the vehicle was consigned; (3) The year, make, model and vehicle identification number of e…

§ 6309. Prohibited acts. (a) A dealer, its agent or an employee of a dealer may not permit any individual to road test a motor vehicle if they know the individual does not have a valid driver’s license. (b) A dealer or an agent or employee of a dealer may not commit any fraud in …

§ 6310. Acts of officers, directors, partners, and sales persons. If a licensee is a partnership or corporation, it shall be sufficient cause for the denial or suspension of a license if any officer, director or trustee of the partnership or corporation, or any member in the case…

§ 6311. License requirements [For application of this section, see 79 Del. Laws, c. 161, § 5]. (a) In the event any dealer intends to change a licensed location, the dealer shall provide the Division of Motor Vehicles advance written notice. A successful inspection of the new loc…

§ 6312. Issuance of dealer license [For application of this section, see 79 Del. Laws, c. 161, § 5]. Upon receiving a dealer license application for approval, and satisfied that the applicant is of good character and, so far as can be ascertained, the applicant has complied with …

§ 6313. Grounds for denying application for, or renewal of, dealer license; suspension or revocation of license [For application of this section, see 79 Del. Laws, c. 161, § 5]. A dealer license or renewal of license, applied for or issued pursuant to this chapter may be denied, …

§ 6314. Suspension and hearing notices. (a) No license issued under this title shall be suspended, revoked or renewal thereof refused, until a written copy of the complaint made has been furnished to the licensee against whom the same is directed. The written notice of complaint …

§ 6314A. Effect of suspension, revocation, or renewal refusal on licensee. (a) Dealers who have their dealer license suspended, revoked, or renewal refused pursuant to this title are prohibited from being employed at any dealership licensed pursuant to this title in any of the fo…

§ 6315. Hearings. (a) If the Division refuses an application for a license, denies a renewal of a license or proposes the suspension or revocation of a dealer’s license, the Division shall provide a hearing when requested under § 6314 of this title. At the hearing the licensee sh…

§ 6316. Return of license, dealer number plates, temporary license plates, and dealer reassignment forms. If the Division suspends, revokes or denies the renewal of the license of any dealer licensed under this chapter, the dealer immediately shall return the license, dealer numb…

§ 6317. Cease and desist orders and injunctive relief [For application of this section, see 79 Del. Laws, c. 161, § 5]. In addition to the legal remedies provided for in this chapter, the Division of Motor Vehicles is authorized to issue cease and desist orders to any person, cor…

§ 6318. Penalties. (a) Whoever violates any provision of this chapter shall be guilty of an unclassified misdemeanor and shall be fined not less than $50 nor more than $575. (b) Subsection (a) of this section shall not apply to violations for which penalties are prescribed elsewh…