Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 4212. Noncomplying contract voidable.
0.2K chars
§ 4212. Noncomplying contract voidable. Any health spa contract which does not comply with the applicable provisions of this chapter shall be voidable at the option of the buyer.66 Del. Laws, c. 395, § 1;
6 Del. C. § 4213. Waiver of provisions void and unenforceable.
0.2K chars
§ 4213. Waiver of provisions void and unenforceable. Any waiver by the buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.66 Del. Laws, c. 395, § 1;
6 Del. C. § 4214. Notice of preservation of buyer’s rights.
0.5K chars
§ 4214. Notice of preservation of buyer’s rights. All health spa contracts and any promissory note executed by the buyer in connection therewith shall contain the following provision on the face thereof in at least 10-point, boldface type: NOTICE ANY HOLDER OF THIS CONTRACT OR NO…
6 Del. C. § 4215. Prohibition against assignment of health spa contract cutting off buyer’s right of action or defense against seller; conditions.
0.6K chars
§ 4215. Prohibition against assignment of health spa contract cutting off buyer’s right of action or defense against seller; conditions. Whether or not the health spa has complied with the notice requirements of § 4206 of this title, any right of action or defense arising out of …
6 Del. C. § 4216. Change in ownership of health spa.
0.3K chars
§ 4216. Change in ownership of health spa. For purposes of this chapter, a health spa shall be considered a new health spa and subject to the requirements of §§ 4203 and 4204 of this title at the time the health spa changes ownership.66 Del. Laws, c. 395, § 1;
6 Del. C. § 4217. Deceptive acts prohibited.
0.6K chars
§ 4217. Deceptive acts prohibited. It is hereby declared to be an unfair and deceptive trade practice and unlawful for a health spa to: (1) Misrepresent directly or indirectly in its advertising, promotional materials, or in any manner the size, location, facilities or equipment …
6 Del. C. § 4218. Production of records.
0.3K chars
§ 4218. Production of records. Every health spa, upon the written request of the Director, shall make available to the Director its pre-opening bank account records and all membership contracts for inspection and copying, to enable the Director reasonably to determine compliance …
6 Del. C. § 4219. Private right of action.
0.5K chars
§ 4219. Private right of action. (a) Any buyer damaged by a violation of this chapter may bring an action for recovery of damages. If damages are awarded to the aggrieved party, such damages shall be triple the amount of the actual damages proved plus reasonable attorney fees. (b…
6 Del. C. § 4220. Violations.
0.5K chars
§ 4220. Violations. In addition to the remedies hereinbefore provided, the Attorney General may bring an action to restrain violations of this chapter in the Court of Chancery and for such other relief as may be appropriate. The provisions of this chapter are not exclusive and do…
6 Del. C. § 4221. Limitations.
0.2K chars
§ 4221. Limitations. Contracts executed prior to January 1, 1986, and whose original terms are still enforceable as of January 1, 1989, are excluded from all cancellation, refund and fee provisions of this chapter.66 Del. Laws, c. 395, § 1;
6 Del. C. § 4222. Enforcement.
0.3K chars
§ 4222. 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 29.66 Del. Laws, c. 395, § 1; 69 Del. Laws, c. 291, § 98(a), (c); 77 Del. Laws, c. 282, § 11…
6 Del. C. § 4401. Declaration of purpose.
0.5K chars
§ 4401. Declaration of purpose. This chapter shall be interpreted and administered so as to give greatest effect to the public policy of this State, which declares that it is a basic right of every Delaware citizen to be free of, and protected from, high-pressure door-to-door sal…
6 Del. C. § 4402. Short title.
0.2K chars
§ 4402. Short title. This chapter may be known and cited as the “Home Solicitation Sales Act.”6 Del. C. 1953, § 4402; 58 Del. Laws, c. 391; 60 Del. Laws, c. 543, § 1;
6 Del. C. § 4403. Definitions.
3.6K chars
§ 4403. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning: (1) “Business day” shall mean any calendar day except Saturdays, Sundays or legal holid…
6 Del. C. § 4404. Unlawful practices.
4.9K chars
§ 4404. Unlawful practices. Section 2513(b)(2) of this title notwithstanding, in connection with any door-to-door sale, it is an unlawful practice within the meaning of § 2513 of this title for any seller to: (1) Fail to furnish the buyer with a fully completed receipt or copy of…
6 Del. C. § 4405. Door-to-door salesperson identification card.
3.7K chars
§ 4405. Door-to-door salesperson identification card. (a) (1) Any seller or seller’s representative who solicits a door-to-door sale at a home shall prominently display a door-to-door salesperson identification card obtained from the Department of Finance while soliciting a door-…
6 Del. C. § 4406. Time of solicitation.
1.7K chars
§ 4406. Time of solicitation. (a) A door-to-door sale shall be solicited by a seller or a seller’s representative at a home between the hours of 9 a.m. to 8 p.m. prevailing Delaware time, only. (b) For purposes of this section, the term “door-to-door sale” shall include a transac…
6 Del. C. § 4407. Enforcement.
0.4K chars
§ 4407. Enforcement. In addition to any remedies the buyer may have at law or in equity, the authority of the Attorney General under Chapter 25 of Title 29 shall apply to violations of this chapter.6 Del. C. 1953, § 4407; 58 Del. Laws, c. 391; 60 Del. Laws, c. 543, § 1; 69 Del. L…
6 Del. C. § 4500. Short title.
0.1K chars
§ 4500. Short title. This chapter may be cited as the “Delaware Equal Accommodations Law.”70 Del. Laws, c. 350, § 1;
6 Del. C. § 4501. Purpose and construction.
1.2K chars
§ 4501. Purpose and construction. This chapter is intended to prevent, in places of public accommodations, practices of discrimination against any person because of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, military s…
6 Del. C. § 4502. Definitions.
8.2K chars
§ 4502. Definitions. For purposes of this chapter: (1) “Automatic door” means a door equipped with a power-operated mechanism and controls that open and close the door automatically upon receipt of a momentary actuating signal. The switch that begins the automatic cycle may be a …
6 Del. C. § 4503. Persons entitled to protection.
0.7K chars
§ 4503. Persons entitled to protection. All persons within the jurisdiction of this State are entitled to the full and equal accommodations, facilities, advantages and privileges of any place of public accommodation regardless of the race, age, marital status, creed, religion, co…
6 Del. C. § 4504. Unlawful practices.
8.8K chars
§ 4504. Unlawful practices. (a) (1) a. No person being the owner, lessee, proprietor, manager, director, supervisor, superintendent, agent, or employee of any place of public accommodation, may directly or indirectly refuse, withhold from, or deny to any person, on account of rac…
6 Del. C. § 4505. Authority of the Commission; delegation.
0.9K chars
§ 4505. Authority of the Commission; delegation. (a) The Commission shall implement the provisions of this chapter not expressly vested in another entity. (b) The Commission may delegate, to a panel of its members, any power, duty, or function vested in it by this chapter. No pan…
6 Del. C. § 4506. Commission’s power to adopt rules.
0.8K chars
§ 4506. Commission’s power to adopt rules. The Commission shall have the power in accordance with the Administrative Procedures Act in Title 29 [Chapter 101 of Title 29] to adopt rules and regulations concerning the manner in which complaints shall be investigated or other invest…
6 Del. C. § 4507. Education and conciliation.
1.5K chars
§ 4507. Education and conciliation. (a) The Commission may commence such educational activities as, in its judgment, will further the purposes of this chapter. It may hold conferences for persons in the business industry and other interested parties to acquaint them with the prov…
6 Del. C. § 4508. Procedure on complaint.
7.2K chars
§ 4508. Procedure on complaint. (a) An individual who believes they have been aggrieved by a discriminatory public accommodation practice prohibited under § 4504 of this title may file a written complaint with the Division. A complaint under this chapter may be filed by the indiv…
6 Del. C. § 4509. Division’s power to investigate compliance.
0.6K chars
§ 4509. Division’s power to investigate compliance. The Division is empowered to investigate compliance with this chapter whether or not a complaint is filed pursuant to § 4508 of this title. In furtherance of and not in limitation of this power, the Division may review practices…
6 Del. C. § 4510. Compelling attendance of witnesses and production of documents, oaths, subpoenas.
3.1K chars
§ 4510. Compelling attendance of witnesses and production of documents, oaths, subpoenas. (a) The Commission may issue subpoenas and order discovery in aid of investigations and hearings under this chapter. Such subpoenas shall be signed by the chairperson or panel chair and may …
6 Del. C. § 4511. Judicial review.
1.5K chars
§ 4511. Judicial review. (a) Any party aggrieved by an order for relief under § 4508 of this title granting or denying, in whole or in part, the relief sought, may obtain a review of such order in the Superior Court in the county in which the discriminatory public accommodations …
6 Del. C. § 4512. Enforcement by the Attorney General.
1.3K chars
§ 4512. Enforcement by the Attorney General. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaging in a pattern of discriminatory public accommodation practices, that any person or group of persons has been denied any of…
6 Del. C. § 4513. Criminal jurisdiction.
0.2K chars
§ 4513. Criminal jurisdiction. The Superior Court shall have exclusive original jurisdiction over all criminal violations of this chapter.77 Del. Laws, c. 90, § 26;
6 Del. C. § 4514-4516. §§ 4514-4516.
0.0K chars
§§ 4514-4516.
6 Del. C. § 4600. Short title.
0.1K chars
§ 4600. Short title. This chapter may be cited as the “Delaware Fair Housing Act.”68 Del. Laws, c. 311, § 1;
6 Del. C. § 4601. Declaration of purpose and construction.
1.4K chars
§ 4601. Declaration of purpose and construction. (a) Purpose. — This chapter is intended to eliminate, as to housing offered to the public for sale, rent or exchange, discrimination based upon race, color, national origin, religion, creed, sex, marital status, familial status, so…
6 Del. C. § 4602. Definitions.
7.1K chars
§ 4602. Definitions. For purposes of this chapter: (1) “Age” — For the purpose of defining what is a discriminatory housing practice, “age” means any age 18 years or older. (2) “Aggrieved persons” includes any person who: a. Claims to have been injured, directly or indirectly, by…
6 Del. C. § 4603. Discrimination in sale or rental of housing and other prohibited practices.
3.5K chars
§ 4603. Discrimination in sale or rental of housing and other prohibited practices. (a) For purposes of paragraphs (b)(1)-(5) of this section, the unlawful discrimination against a person on the basis of a specified protected status refers to the protected status of any of the fo…
6 Del. C. § 4603A. Discrimination in sale or rental of housing and other prohibited practices; additional provisions relating to discrimination against persons with disabilities.
6.2K chars
§ 4603A. Discrimination in sale or rental of housing and other prohibited practices; additional provisions relating to discrimination against persons with disabilities. (a) For purposes of this chapter, discrimination on the basis of a individual’s disability includes, but is not…
6 Del. C. § 4604. Discrimination in residential real estate-related transactions.
1.3K chars
§ 4604. Discrimination in residential real estate-related transactions. (a) In general. — It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available su…
6 Del. C. § 4605. Discrimination in provision of brokerage services.
1.0K chars
§ 4605. Discrimination in provision of brokerage services. It is unlawful to deny a person access to or membership or participation in any multiple-listing service, real estate brokers’ organization, or other service, organization, or facility relating to the business of selling,…
6 Del. C. § 4606. Aiding discriminatory practices.
0.4K chars
§ 4606. Aiding discriminatory practices. Notwithstanding the provisions enumerated in § 4619 of this title, it shall be unlawful to assist, induce, incite or coerce another person to commit any of the discriminatory housing practices prohibited by this chapter.6 Del. C. 1953, § 4…
6 Del. C. § 4607. Exemptions in certain situations [For application of this section, see 84 Del. Laws, c. 358, § 4] [Effective Dec. 31, 2028].
6.6K chars
§ 4607. Exemptions in certain situations [For application of this section, see 84 Del. Laws, c. 358, § 4] [Effective Dec. 31, 2028]. (a) Nothing in this chapter shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated,…
6 Del. C. § 4608. Administration.
2.2K chars
§ 4608. Administration. (a) The Commission shall implement the provisions of this chapter not expressly vested in another entity. (b) (1) The Commission may delegate to a panel of its members any power, duty, or function vested in it by this chapter. No panel to which any power, …
6 Del. C. § 4609. Education and conciliation.
1.5K chars
§ 4609. Education and conciliation. (a) The Commission may commence such educational activities as, in its judgment, will further the purposes of this chapter. It may hold conferences for persons in the business industry and other interested parties to acquaint them with the prov…
6 Del. C. § 4610. Administrative enforcement; preliminary matters.
9.5K chars
§ 4610. Administrative enforcement; preliminary matters. (a) Complaints and answers. — (1) a. 1. An aggrieved person, not later than 1 year after an alleged discriminatory housing practice has occurred or terminated, or not later than 1 year after such practice has been discovere…
6 Del. C. § 4611. Subpoenas; giving of evidence.
2.4K chars
§ 4611. Subpoenas; giving of evidence. (a) In general. — The Commission may, in accordance with this subsection, issue subpoenas and order discovery in aid of investigations and hearings under this chapter. Such subpoenas and discovery may be ordered to the same extent and subjec…
6 Del. C. § 4612. Enforcement by Commission.
13.8K chars
§ 4612. Enforcement by Commission. (a) Election of judicial determination. — When a charge is issued under § 4610 of this section, a complainant, a respondent or an aggrieved person on whose behalf the complaint was filed, may elect to have the claims asserted in that charge deci…
6 Del. C. § 4613. Enforcement by private persons.
4.5K chars
§ 4613. Enforcement by private persons. (a) Civil action. — (1) a. An aggrieved person may commence a civil action in the county in which the discriminating housing practice is alleged to have occurred not later than 2 years after the occurrence or the termination of an alleged d…
6 Del. C. § 4614. Enforcement by the Attorney General.
4.4K chars
§ 4614. Enforcement by the Attorney General. (a) Pattern or practice cases. — Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by …
6 Del. C. § 4615. Fees, costs and expenses for respondent or defendant.
0.5K chars
§ 4615. Fees, costs and expenses for respondent or defendant. In any action, pleading or motion under this chapter, the Administrative Hearing Office, Panel or court hearing or reviewing the matter, may in its discretion, award attorneys’ fees, costs and expenses to the responden…