Title 6, Commerce and Trade

§ 4905A. Invoice requirements. (a) Work description. — An automotive repair facility shall prepare an invoice which describes in all material respects: (1) Auto repair work done by it, including all warranty work; (2) All parts supplied by it; (3) All labor performed by it. To th…

§ 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…

§ 4906A. Replaced parts — Requirement for return to the customer. An automotive repair facility shall offer to return all replaced parts to the customer or a person acting on his or her behalf, except parts which are returned to a manufacturer or distributor, hazardous materials …

§ 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…

§ 4907A. Unauthorized repairs. An automotive repair facility may not charge a customer for repairs not originally authorized or requested by the customer, or a person the auto repair facility reasonably believes is acting on the customer’s behalf, unless the automotive repair fac…

§ 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…

§ 4908A. Required notice to customers. (a) All auto repair shops not otherwise complying with subsection (b) of this section shall post a sign, in a manner conspicuous to the public, which states as follows: (1) The customer is entitled to receive a written or oral estimate; (2) …

§ 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. …

§ 4909A. Enforcement and remedies. (a) The Attorney General shall have the same authority in enforcing, remedying, and otherwise carrying out the provisions of this chapter as is provided by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title. (b) Any violation…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 5000E. Purpose. The intent of this chapter is to support Delaware business entities in their global sustainability efforts. This chapter is enabling legislation that permits a Delaware entity to signal its commitment to global sustainability. This chapter does not purport to pr…

§ 5001. Definitions. As used in this chapter: (1) “Automobile” means any passenger motor vehicle which is leased or bought in Delaware or registered by the Division of Motor Vehicles in the Department of Transportation except the living facilities of motor homes. (2) “Consumer” m…

§ 5001A. Definitions. As used in this chapter: (1) “Consumer” means a purchaser, other than for purposes of resale, of a new farm tractor, a person to whom the new farm tractor is transferred for the same purposes during the duration of an express warranty applicable to the farm …

§ 5001B. Definitions. For purposes of this chapter, the following words, terms and phrases shall have the meanings herein ascribed to them, except when the context clearly indicates a different meaning: (1) “Assistive technology device” means any item, piece of equipment, or prod…

§ 5001C. Definitions. For purposes of this chapter: (1) “Commercial entity” means a corporation, business trust, estate, trust, partnership, limited partnership, limited liability partnership, limited liability company, association, organization, joint venture, or other legal ent…

§ 5001D. Definitions (a) “Conservation measures,” as defined by the American Institute for Conservation of Historic and Artistic Works, encompass actions taken toward the long-term preservation of cultural property. “Conservation activities” include examination, documentation, tr…

§ 5001E. Definitions. As used in this chapter only, the following terms shall have the following meanings: (1) “Acknowledged” shall mean, with respect to any document or instrument required to be executed by an authorized person pursuant to this chapter, the authorized person exe…

§ 5002. Duty to repair nonconforming automobiles. If a new automobile does not conform to the manufacturer’s express warranty, and the consumer reports the nonconformity to the manufacturer or its agent or dealer during the term of the warranty or during the period of 1 year foll…

§ 5002A. Notice to consumer. At the time of purchase the manufacturer must provide directly to the consumer a written statement on a separate piece of paper, in 10-point all capital type, in substantially the following form: “IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE EN…

§ 5002B. Express warranties. (a) A manufacturer who sells or leases a new assistive technology device to a consumer, either directly or through an assistive technology device dealer or lessor, shall furnish the consumer with an express warranty that the assistive technology devic…

§ 5002C. Safe destruction of records. In the event that a commercial entity seeks permanently to dispose of records containing consumers’ personal identifying information within its custody or control, such commercial entity shall take reasonable steps to destroy or arrange for t…

§ 5002D. Mailed notice; change of address or ownership. (a) A notice given by a museum under this chapter must be mailed to the lender’s last known address by certified mail. Proper notice is given if the museum receives proof of receipt of the notice not more than 30 days after …

§ 5002E. Certificate of adoption of transparency and sustainability standards. (a) The Secretary of State shall issue a certificate of adoption of transparency and sustainability standards to any entity if the Secretary of State shall have determined that the following conditions…

§ 5003. Remedies upon failure to repair. (a) If the manufacturer, its agent or its authorized dealer does not conform the automobile to any applicable express warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer shall eithe…

§ 5003A. Manufacturer’s duty to repair. If a farm tractor does not conform to applicable express written warranties and the consumer reports the nonconformity to the manufacturer and its authorized dealer during the term of the express written warranties or during the period of 1…

§ 5003B. Notice to consumer. At the time of purchase the manufacturer must provide directly to the consumer a statement, written in 10-point all capital type on a separate piece of paper or in such other form as the consumer can understand, in substantially the following form: “I…

§ 5003C. Violations. A consumer who incurs actual damages due to a reckless or intentional violation of this chapter may bring a civil action against the commercial entity.79 Del. Laws, c. 287, § 1;

§ 5003D. Notice by publication. (a) A museum may give notice by publication under this chapter if the museum does not: (1) Know the identity of the lender or any designated agent of the lender; (2) Have an address last known for the lender or any designated agent of the lender; o…

§ 5003E. Statement of adoption of transparency and sustainability standards. If the governing body of an entity has adopted resolutions setting forth the entity’s standards and assessment measures, the entity may file a standards statement that: (1) Acknowledges that the governin…

§ 5004. Presumptions. (a) It shall be presumed that a reasonable number of attempts have been undertaken to conform a new automobile to the manufacturer’s express warranty if, within the warranty term or during the period of 1 year following the date of original delivery of the m…

§ 5004A. Manufacturer’s duty to refund or replace. (a) If the manufacturer or its authorized dealers are unable to make the farm tractor conform to any applicable express written warranty by repairing or correcting any condition which substantially impairs the use or market value…

§ 5004B. Replacement or refund. (a) If, after a reasonable attempt to repair, a nonconformity is not repaired, the manufacturer shall, at the direction of the consumer, do 1 of the following: (1) Accept return of the assistive technology device and within 30 days refund to the co…

§ 5004C. Exemptions. This chapter does not apply to any of the following: (1) Any bank, credit union, or financial institution, as defined under the federal Gramm Leach Bliley Act, 15 U.S.C. § 6801 et seq., as amended, that is subject to the regulation of the Office of the Comptr…

§ 5004D. Notice; contents. In addition to any other information that may be required or seem appropriate, a notice given by a museum under this chapter must contain the following: (1) The name of: a. The lender; or b. Any designated agent of the lender. (2) The last known address…

§ 5004E. Reporting entity status — Renewal statement. (a) A renewal statement shall be submitted to the Secretary of State between October 1 and December 31 of each year. A reporting entity shall become a nonreporting entity on January 1 of the following year if the reporting ent…

§ 5005. Costs and attorneys’ fees in breach of warranty actions. In any court action brought under this chapter by a consumer against the manufacturer of an automobile, or the manufacturer’s agent or authorized dealer, based upon the alleged breach of an express warranty made in …