89 chapters · 627 sections in this title.
6 Del. C. § 7601. Definitions.
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§ 7601. Definitions. Unless the context or subject matter otherwise clearly requires, the following definitions shall govern construction of this chapter: (1) “Advertisement” means a commercial message in any medium that aids, promotes or assists, directly or indirectly, a lease-…
6 Del. C. § 7602. Inapplicability of other laws; exempted transactions.
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§ 7602. Inapplicability of other laws; exempted transactions. (a) Lease-purchase agreements which comply with this chapter are not governed by the laws relating to: (1) A “retail installment contract” or “contract” as defined in § 4301(9) of this title. (2) A “security interest” …
6 Del. C. § 7603. Disclosures.
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§ 7603. Disclosures. (a) For each lease-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable: (1) The total number, total amount and timing of all payments necessary to acquire ownership of the property; (2) A statement that the lessee…
6 Del. C. § 7604. Form requirements.
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§ 7604. Form requirements. (a) The disclosure information required by this chapter must be disclosed in a lease-purchase agreement, and must: (1) Be made clearly and conspicuously with items appearing in logical order and segregated as appropriate for readability and clarity; (2)…
6 Del. C. § 7605. Blank spaces.
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§ 7605. Blank spaces. All blank spaces on lease-purchase agreement forms must be filled in before the lease-purchase agreement is executed. Blank spaces that are provided for items or terms not applicable to the agreement must be crossed out.68 Del. Laws, c. 59, § 1;
6 Del. C. § 7606. Advertising.
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§ 7606. Advertising. (a) Prohibition. — An advertisement for a lease-purchase agreement may not state or imply that a specific item is available at specific amounts or terms unless the lessor usually and customarily offers or will offer that item at those amounts or terms. (b) Di…
6 Del. C. § 7607. Lessee’s reinstatement rights.
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§ 7607. Lessee’s reinstatement rights. (a) A lessee who fails to make timely lease payments may reinstate the original lease-purchase agreement without losing any rights or options previously acquired under the lease-purchase agreement if both of the following apply: (1) After ha…
6 Del. C. § 7608. Prohibited provisions.
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§ 7608. Prohibited provisions. A lease-purchase agreement may not contain a provision: (1) Requiring a confession of judgment; (2) Authorizing a lessor or an agent of the lessor to commit a breach of the peace in the repossession of property; (3) Waiving a defense, counterclaim o…
6 Del. C. § 7609. Early purchase option.
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§ 7609. Early purchase option. A lease purchase agreement must provide that at any time after the initial rental payment, the lessee may acquire ownership of the property by tendering 55 percent of the difference between the total of rental payments necessary to acquire ownership…
6 Del. C. § 7610. Exempted transaction.
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§ 7610. Exempted transaction. This chapter does not apply to agreements for the rental of property in which the person who rents the property has no legal right to become the owner of the rented property.68 Del. Laws, c. 59, § 1;
6 Del. C. § 7611. Prohibited provisions in lease-purchase agreement as void.
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§ 7611. Prohibited provisions in lease-purchase agreement as void. Any provision in a lease-purchase agreement which is prohibited by this chapter shall be void but shall not otherwise affect the validity of the lease-purchase agreement.68 Del. Laws, c. 59, § 1;
6 Del. C. § 7612. Receipts; acknowledgement of payment in full for ownership.
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§ 7612. Receipts; acknowledgement of payment in full for ownership. (a) If a lessee so requests, the lessor must give or forward to the lessee a receipt for any payment made in cash. The lessor must also furnish, upon the lessee’s request, an accounting of all charges, payments a…
6 Del. C. § 7613. Award of reasonable attorneys’ fees and court costs to prevailing party.
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§ 7613. Award of reasonable attorneys’ fees and court costs to prevailing party. A lease-purchase agreement may provide for the payment of reasonable attorneys’ fees and actual court costs if it is referred to an attorney for collection. Reasonable attorneys’ fees and costs shall…
6 Del. C. § 7614. Waiver prohibited; severability.
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§ 7614. Waiver prohibited; severability. (a) Any waiver by the lessee of this chapter shall be deemed contrary to public policy and shall be unenforceable and void. (b) If this chapter or the application thereof to any person or circumstances is held unconstitutional, the remaind…
6 Del. C. § 7615. Penalties; grace period for compliance; limitation of liability.
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§ 7615. Penalties; grace period for compliance; limitation of liability. (a) Any person who shall wilfully violate this chapter shall be guilty of a misdemeanor. (b) In case of a violation of this chapter with respect to any transaction, the lessee in such transaction may recover…
6 Del. C. § 7616. Enforcement.
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§ 7616. Enforcement. A violation of this chapter shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection, as described in Chapter 25 of Title 29.68 Del. Laws, c. 59, § 1; 69 Del. Laws, c. 291, § 98(a), (c); 77 Del. Laws, c. 282, § 14;