Title 6, Commerce and Trade

§ 2518. Impounding evidence. Pursuant to an order of the Superior Court or the Court of Chancery, the Attorney General may impound the original or copy of any document or other material produced in accordance with § 2514 of this title, which material shall be retained in the poss…

§ 2519. Service of demand. Service of any demand by the Attorney General under § 2514 of this title shall be made personally within this State, if the person can be found therein; but if such service cannot be made, substituted service may be made in the following manner: (1) Per…

§ 2520. Failure to respond; order; penalties. If any person fails to respond to any investigative demand issued by the Attorney General under § 2514 of this title, the Attorney General may, after due notice, apply to the court which authorized the issuance of the demand for an or…

§ 2521. Cease and desist agreements. Repealed by 77 Del. Laws, c. 282, § 3, effective June 10, 2010.

§ 2522. Proceedings brought by the Attorney General. (a) Whenever it appears to the Attorney General that a person has engaged in, is engaging in or is about to engage in any practice declared by this subchapter to be unlawful, the Attorney General may institute an action in acco…

§ 2523. Restraining orders; injunctions. In actions filed under this subchapter, the Court of Chancery after a hearing may grant relief by issuing temporary restraining orders, preliminary or permanent injunctions, and such other relief as may be necessary to prevent any person f…

§ 2524. Appointment of receiver; powers; damages; administration of estate; jurisdiction. (a) If it should appear to the Court of Chancery after a hearing, that a receiver should be appointed in cases of substantial and wilful violations of the provisions of this subchapter, the …

§ 2525. Private cause of action; savings clause for private claims against persons who acquired property by unlawful practices. (a) A private cause of action shall be available to any victim of a violation of this subchapter. Such cause of action may be brought in any court of co…

§ 2526. Costs. In any action brought under the provisions of this subchapter in which any person is found to have engaged in, or be about to engage in, a practice declared by this subchapter to be unlawful, the court may award costs to the Attorney General for the use of the Stat…

§ 2527. Consumer Protection Fund. (a) All money received by the State as a result of actions brought by the Attorney General pursuant to subchapter II of Chapter 25 of Title 29 or pursuant to the state or federal antitrust laws shall be credited by the State Treasurer to a fund t…

§ 2528. Price protections during the COVID-19 recovery period [Repealed].82 Del. Laws, c. 267, § 2; repealed by 82 Del. Laws, c. 267, § 4, effective May 1, 2022.;

§ 2531. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Article” means a product as distinguished from its trademark, label, or distinctive dress in packaging. (2) “Certification mark” means a mark used in connection with the goods or services…

§ 2532. Deceptive trade practices. (a) A person engages in a deceptive trade practice when, in the course of a business, vocation, or occupation, that person: (1) Passes off goods or services as those of another; (2) Causes likelihood of confusion or of misunderstanding as to the…

§ 2533. Remedies. (a) A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits, or intent to deceive, i…

§ 2534. Application. (a) This chapter does not apply to: (1) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency, or a board or commission organized under Professions and Occupations in Title 24, and shal…

§ 2535. Uniformity of interpretation. This chapter shall be construed to effectuate its general purpose to make uniform the law of those states which enact it.6 Del. C. 1953, § 2535; 55 Del. Laws, c. 36.;

§ 2536. Short title. This subchapter may be cited as the “Uniform Deceptive Trade Practices Act.”6 Del. C. 1953, § 2536; 55 Del. Laws, c. 36.;

§ 2541. Definitions. As used in this subchapter: “Credit card” means any card or document entitling its holder to obtain any goods or services by the production of the card or document, and entitling its holder to tender payment for such goods and services at a later date.6 Del. …

§ 2542. Prohibition upon distribution. No person, or any representative thereof, shall distribute any credit card to any person, association, corporation, partnership, or any representative thereof, within this State unless such credit card shall have been requested or unless the…

§ 2543. Penalty. Whoever violates § 2542 of this title shall be fined not less than $100 nor more than $500 for each offense.6 Del. C. 1953, § 2543; 57 Del. Laws, c. 390.;

§ 2544. Injunctive relief. Whenever the Attorney General has reason to believe that a violation of § 2542 of this title is a continuing practice, the Attorney General may apply to the Court of Chancery and may obtain the appropriate injunctive relief against any violator.6 Del. C…

§ 2551. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Franchise” means a contract or other arrangement governing the business relationship within this State between a franchised distributor and a franchisor where the franchised distributor is r…

§ 2552. Unjust termination of, or failure to renew, a franchise. (a) Termination of a franchise by a franchisor shall be deemed to be “unjust,” or to have been made “unjustly,” if such termination is without good cause or in bad faith. Any termination of a franchise which is not …

§ 2553. Remedies. (a) If a franchisor (1) unjustly terminates a franchise, or (2) unjustly fails or refuses to renew a franchise, or (3) threatens, or attempts, or gives notice that it intends to attempt unjustly to terminate a franchise, or (4) threatens, or attempts, or gives n…

§ 2554. Franchisee worker classification. Individuals or entities who are parties to a franchise agreement as set out by the Federal Trade Commission shall not be deemed employees for purposes of Chapter 11 of Title 19.79 Del. Laws, c. 39, § 1;

§ 2555. Notice required to terminate or elect not to renew a franchise. Notwithstanding any provision in a franchise agreement which provides otherwise, any termination of a franchise or election not to renew a franchise must be made on at least 90 days’ notice.6 Del. C. 1953, § …

§ 2556. Application. This law shall apply to franchises in existence on July 8, 1970, and the renewal of such franchises, as well as franchises subsequently executed.6 Del. C. 1953, § 2555; 57 Del. Laws, c. 693; 79 Del. Laws, c. 39, § 1;

§ 2557. Short title. This chapter may be cited as the “Delaware Franchise Security Law.”6 Del. C. 1953, § 2556; 57 Del. Laws, c. 693; 79 Del. Laws, c. 39, § 1;

§ 2561. Definitions. As used in this subchapter: (1) “Person” includes an individual, corporation, trust, estate, partnership, unincorporated association, or any other legal or commercial entity. (2) “Pyramid or chain distribution scheme” means a sales device whereby a person, up…

§ 2562. Unlawful practice. The use of a pyramid or chain sales distribution scheme in connection with the solicitation of investments in the form of money, property or any other thing of value is hereby declared to be an unlawful practice under § 2513 of this title.6 Del. C. 1953…

§ 2563. Prohibition. (a) No person, either directly or through the use of agents or other intermediaries, shall promote, sell, attempt to sell, offer or grant participation in a pyramid or chain distribution scheme. (b) Whoever, directly or through the use of agents or intermedia…

§ 2564. Contracts void; civil liability. (a) Any contract made in violation of § 2563 of this title shall be void and any person who, directly or through the use of agents or intermediaries, induces or causes another person to participate in a pyramid or chain distribution scheme…

§ 2570. Short title. This subchapter may be cited as the “Buyer Property Protection Act.”69 Del. Laws, c. 86, § 2;

§ 2571. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Agent” means any individual, partnership, corporation or trustee defined as a broker in § 2901 of Title 24, acting on behalf of a seller or buyer of residential real property. (2) “Buyer”…

§ 2572. Disclosure of material defects. (a) Except as excluded by § 2577 of this title hereof, a seller transferring residential real property shall disclose, in writing, to the buyer, agent and subagent, as applicable, all material defects of that property that are known at the …

§ 2572A. Radon testing and disclosure. (a) Except as excluded by § 2577 of this title, every purchaser of any interest in residential real property on which a residential dwelling exists shall be notified that said property may present the potential for exposure to radon. (b) Exc…

§ 2573. Property condition report. The agent, subagent or seller, as applicable, shall give a copy of the Seller’s Disclosure of Real Property Condition Report to all prospective buyers or prospective buyer’s agent prior to the time the buyer makes an offer to purchase. This writ…

§ 2574. Other inspections or warranties. The seller’s completed disclosure form is a good faith effort by the seller to make the disclosures required by this subchapter, and is not a warranty of any kind by the seller or any agents or subagents representing seller or buyer in the…

§ 2575. Cause of action. The buyer shall not have a cause of action against the seller, agent and/or subagent for: (1) Material defects in condition of the residential real property disclosed to the buyer prior to the buyer making an offer to purchase; (2) Material defects develo…

§ 2576. Applicability [For application of this section, see 80 Del. Laws, c. 308, § 2]. This subchapter shall apply to transfers by sale, exchange, installment land sale contract, lease with an option to purchase or ground lease of a manufactured housing lot, or residential real …

§ 2577. Exemptions. This subchapter shall not apply to the following transfers of residential real property: (1) Transfers governed by the Delaware Out-of-State Land Sales and Promotions Act [repealed] where the property disclosure report required by that law is provided to a pro…

§ 2578. Property condition report form [For application of section, see 80 Del. Laws, c. 145, § 3]. (a) The Delaware Real Estate Commission shall develop a standard form or forms to be used as the Seller’s Disclosure of Real Property Condition Report, for the disclosure of the co…

§ 2580. Definitions. (a) “Elder person” means a person who is 65 years of age or older. (b) “Major life activities” includes functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (c) “Person with a d…

§ 2581. Civil penalty; disposition of funds. (a) If any person is found to have violated any provision of this chapter, and said violation is committed against an elder person or a person with a disability, in addition to any criminal or civil penalty otherwise set forth or impos…

§ 2582. Determination of civil penalty. In determining whether to impose an enhanced civil penalty under this subchapter and the amount thereof, the court shall consider the extent to which 1 or more of the following factors are present: (1) Whether the defendant’s conduct was in…

§ 2583. Cause of action; enhanced penalties. (a) An elder person or person with a disability who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, court costs and reasonable attorney’s fees. …