Title 21 — Motor Vehicles
42 chapters · 351 sections in this title.
21 Del. C. § 6401. Findings; purpose.
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§ 6401. Findings; purpose. The General Assembly hereby finds that purchasers when buying motor vehicles rely heavily on the odometer reading as an index of the condition and value of such vehicle; that purchasers are entitled to rely on the odometer reading as an accurate reflect…
21 Del. C. § 6402. Definitions.
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§ 6402. Definitions. As used in this chapter: (1) “Dealer” or “dealership” means any person, corporation, partnership or limited partnership who has sold 5 or more motor vehicles within the 12 months preceding the date of a violation of this chapter. (2) “Lessee” means any person…
21 Del. C. § 6403. Unlawful devices.
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§ 6403. Unlawful devices. No person shall advertise for sale, sell, use or install or cause to be installed, any device which causes an odometer to register any mileage other than the true mileage traveled by a motor vehicle. For purposes of this section, the true mileage travele…
21 Del. C. § 6404. Unlawful change of mileage.
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§ 6404. Unlawful change of mileage. (a) Unless otherwise provided in § 6406 of this title, no person shall disconnect, reset or alter or cause to be disconnected, reset or altered, the odometer of any motor vehicle. (b) Unless otherwise provided in § 6406 of this title, no person…
21 Del. C. § 6405. Possession with intent to defraud.
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§ 6405. Possession with intent to defraud. No person shall, with intent to defraud, possess a motor vehicle knowing that the odometer of such vehicle is disconnected or nonfunctional.62 Del. Laws, c. 255, § 1;
21 Del. C. § 6406. Lawful service, repair or replacement.
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§ 6406. Lawful service, repair or replacement. (a) Nothing in this chapter shall prevent the service, repair or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair or replacement. Where the odometer is incapable of reg…
21 Del. C. § 6407. Disclosure of odometer information.
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§ 6407. Disclosure of odometer information. (a) Each Delaware title, at the time it is issued to the transferee, must contain the mileage disclosed by the transferor when ownership of the vehicle was transferred and contain a space for the information required to be disclosed und…
21 Del. C. § 6408. Exemptions.
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§ 6408. Exemptions. Notwithstanding the requirements of § 6407 of this title: (1) A transferor or lessee of any of the following motor vehicles need not disclose the vehicle’s odometer mileage: a. A vehicle having a gross vehicle weight rating of more than 16,000 pounds. b. A veh…
21 Del. C. § 6409. Disclosure of odometer information for leased motor vehicles.
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§ 6409. Disclosure of odometer information for leased motor vehicles. (a) Before executing any transfer of ownership document, each lessor of a leased motor vehicle shall notify the lessee in writing that the lessee is required to provide a written disclosure to the lessor regard…
21 Del. C. § 6410. Disclosure of odometer information by power of attorney.
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§ 6410. Disclosure of odometer information by power of attorney. (a) If the transferor’s title is physically held by a lienholder, or if the transferor to whom the title was issued by the State has lost the title and the transferee obtains a duplicate title on behalf of the trans…
21 Del. C. § 6411. Power of attorney to review title documents and acknowledge disclosure.
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§ 6411. Power of attorney to review title documents and acknowledge disclosure. (a) In circumstances where part A of a secure power of attorney form has been used pursuant to § 6410 of this title, and if otherwise permitted by State law, a transferee may give a power of attorney …
21 Del. C. § 6412. Certification by person exercising powers of attorney.
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§ 6412. Certification by person exercising powers of attorney. (a) A person who exercises a power of attorney under both §§ 6410 and 6411 of this title must complete a certification that the person has disclosed on the title document the mileage as it was provided to the person o…
21 Del. C. § 6413. Access of transferee to prior title and power of attorney documents.
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§ 6413. Access of transferee to prior title and power of attorney documents. (a) In circumstances in which a power of attorney has been used pursuant to § 6410 of this title, if a subsequent transferee elects to return to the transferee’s transferor to sign the disclosure on the …
21 Del. C. § 6414. Odometer disclosure statement retention.
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§ 6414. Odometer disclosure statement retention. (a) Dealers and distributors of motor vehicles who are required by this chapter to execute an odometer disclosure statement shall retain for 5 years a photostat, carbon or other facsimile copy of each odometer mileage statement whi…
21 Del. C. § 6415. Odometer record retention for auction companies.
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§ 6415. Odometer record retention for auction companies. Each auction company shall establish and retain at its primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval, for 5 years following the date of sale of each…
21 Del. C. § 6416. Security of title documents.
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§ 6416. Security of title documents. Each title shall be set forth by means of a secure printing process or other secure process. In addition, any other documents which are used to reassign the title shall be set forth by a secure process.69 Del. Laws, c. 113, § 4;
21 Del. C. § 6417. Review of disclosure statements.
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§ 6417. Review of disclosure statements. (a) All disclosure statements and motor vehicles in the possession of a dealer shall be made available for review upon demand by the Division of Motor Vehicles or by its authorized agents. (b) The Secretary shall have the authority to prom…
21 Del. C. § 6418. Responsibilities of motor vehicle dealers.
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§ 6418. Responsibilities of motor vehicle dealers. (a) No motor vehicle dealer, licensed in accordance with this title and Title 30 shall purchase or accept any motor vehicle unless the seller has indicated the mileage on a disclosure statement pursuant to this chapter. (b) No li…
21 Del. C. § 6419. Documents acceptable as odometer disclosure statements.
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§ 6419. Documents acceptable as odometer disclosure statements. (a) Except as provided in subsections (b) and (c) of this section, any Delaware certificate of title issued which includes the odometer disclosure information, as prescribed by this chapter, shall satisfy all the req…
21 Del. C. § 6420. Penalties; jurisdiction.
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§ 6420. Penalties; jurisdiction. (a) Any person who violates any of the provisions of § 6404(a) of this title, shall be fined not less than $10 nor more than $100. (b) Any person who violates any provisions in this chapter except § 6404(a) of this title shall be guilty of a misde…