Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 4616. Rules to implement chapter.
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§ 4616. Rules to implement chapter. The Commission may make rules and regulations (including rules for the collection, maintenance and analysis of appropriate data) to carry out this chapter. The Commission shall give public notice and opportunity for comment with respect to all …
6 Del. C. § 4617. Effect on other laws.
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§ 4617. Effect on other laws. Nothing in this chapter shall be construed to invalidate or limit any law of the State or any political subdivision thereof that grants, guarantees or protects the same rights as are granted by this chapter, but any law of the State or any political …
6 Del. C. § 4618. Interference, coercion or intimidation.
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§ 4618. Interference, coercion or intimidation. It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any…
6 Del. C. § 4619. Prohibition of intimidation, violations and penalties.
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§ 4619. Prohibition of intimidation, violations and penalties. Whoever, whether or not acting under color of law, by force or threat of force wilfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with: (1) Any person because of race, col…
6 Del. C. § 4620. Criminal jurisdiction.
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§ 4620. Criminal jurisdiction. The Superior Court shall have exclusive original jurisdiction over all criminal violations of this chapter.77 Del. Laws, c. 90, § 27;
6 Del. C. § 4801. Definitions.
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§ 4801. Definitions. As used in this chapter: (1) “Regulations” include any applicable federal regulations, state regulations, local regulations or regulations of the shopping center or a place of business within the shopping center, and include the regulating of the flow and dir…
6 Del. C. § 4802. Local manager.
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§ 4802. Local manager. Every shopping center, whether owned by a single entity which leases the said shopping center or owned by a group of merchants or other persons, shall have a local representative or manager, easily accessible to the general public. Such representative or ma…
6 Del. C. § 4901. Declaration of purpose.
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§ 4901. Declaration of purpose. The General Assembly finds and declares that the distribution and sale of vehicles within this State vitally affects the general economy of the State and the public interest and the public welfare, and that in order to promote the public interest a…
6 Del. C. § 4901A. Purpose.
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§ 4901A. Purpose. The purpose of this chapter is to safeguard the public against fraudulent auto repair practices thereby enhancing public confidence in legitimate auto repair facilities and mechanics.70 Del. Laws, c. 428, § 2;
6 Del. C. § 4901B. Definitions [For application of this section, see 84 Del. Laws, c. 363, § 3].
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§ 4901B. Definitions [For application of this section, see 84 Del. Laws, c. 363, § 3]. For the purposes of this chapter: (1) “Loss of use” means the deprivation of the use of a person’s vehicle during the period reasonably required to make repairs or replace the vehicle. (2) “Ren…
6 Del. C. § 4902. Definitions.
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§ 4902. Definitions. As used in this chapter: (1) “Commission” means the Public Service Commission. (2) “Dealership facilities” means the real estate, buildings, fixtures and improvements which have been devoted to the conduct of business under the franchise by the new motor vehi…
6 Del. C. § 4902A. Definitions.
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§ 4902A. Definitions. For the purposes of this chapter, the following definitions shall apply: (1) “Airbag” means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system. (2) “Automotive repair facility” means any person who per…
6 Del. C. § 4902B. Loss of use damages prohibited [For applicability of this section, see 84 Del. Laws, c. 363, § 3].
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§ 4902B. Loss of use damages prohibited [For applicability of this section, see 84 Del. Laws, c. 363, § 3]. (a) Damages incurred by rental companies for the loss of use of a rental vehicle and related administrative fees shall not be recovered from any renter, authorized driver, …
6 Del. C. § 4903. Sales incentives; warranty and predelivery obligations to new motor vehicle dealers.
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§ 4903. Sales incentives; warranty and predelivery obligations to new motor vehicle dealers. (a) (1) Each new motor vehicle manufacturer shall do all of the following: a. Specify in writing to each of its new motor vehicle dealers licensed in this State the dealer’s obligations f…
6 Del. C. § 4903A. Unlawful practices.
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§ 4903A. Unlawful practices. (a) Deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact with the intent that others rely upon such concealment, suppression or omission of any material fact in connection …
6 Del. C. § 4904. Liability for transportation damages.
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§ 4904. Liability for transportation damages. (a) Notwithstanding the terms, provisions or conditions of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles before delivery to a carrier or transporter. (b) If a new motor vehicle dealer determi…
6 Del. C. § 4904A. Estimate requirements for auto repair work.
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§ 4904A. Estimate requirements for auto repair work. (a) Written estimate and authorization requirements. — Unless waived pursuant to subsection (b) of this section by the customer or by a person the auto repair facility reasonably believes is acting on the customer’s behalf, the…
6 Del. C. § 4905. Product liability indemnification.
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§ 4905. Product liability indemnification. Notwithstanding the terms of any franchise agreement, it shall be a violation of this chapter for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement agreed …
6 Del. C. § 4905A. Invoice requirements.
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§ 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…
6 Del. C. § 4906. Termination, cancellation or nonrenewal of franchise — Requisites.
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§ 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…
6 Del. C. § 4906A. Replaced parts — Requirement for return to the customer.
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§ 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 …
6 Del. C. § 4907. Termination, cancellation or nonrenewal of franchise — Compensation by manufacturer.
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§ 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…
6 Del. C. § 4907A. Unauthorized repairs.
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§ 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…
6 Del. C. § 4908. Termination, cancellation or nonrenewal of franchise — Dealership facilities assistance.
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§ 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…
6 Del. C. § 4908A. Required notice to customers.
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§ 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) …
6 Del. C. § 4909. Succession to ownership of new motor vehicle dealer.
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§ 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. …
6 Del. C. § 4909A. Enforcement and remedies.
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§ 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…
6 Del. C. § 4910. Sale of dealership franchise, notice to franchiser, and right of first refusal.
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§ 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…
6 Del. C. § 4911. Sale of dealership franchise, notice to franchiser, and right of first refusal — Burden of proof.
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§ 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…
6 Del. C. § 4912. Written designation of succession unaffected.
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§ 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…
6 Del. C. § 4913. Unlawful acts by manufacturers.
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§ 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…
6 Del. C. § 4914. Validity of certain agreements.
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§ 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 …
6 Del. C. § 4915. Limitations on establishing or relocating dealers.
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§ 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…
6 Del. C. § 4916. Civil actions for violations.
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§ 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 …
6 Del. C. § 4917. Applicability of chapter.
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§ 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…
6 Del. C. § 4918. Limitations of actions.
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§ 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…
6 Del. C. § 4919. Consumer data protection.
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§ 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…
6 Del. C. § 4920. Association standing.
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§ 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…
6 Del. C. § 5000E. Purpose.
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§ 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…
6 Del. C. § 5001. Definitions.
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§ 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…
6 Del. C. § 5001A. Definitions.
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§ 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 …
6 Del. C. § 5001B. Definitions.
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§ 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…
6 Del. C. § 5001C. Definitions.
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§ 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…
6 Del. C. § 5001D. Definitions
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§ 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…
6 Del. C. § 5001E. Definitions.
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§ 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…
6 Del. C. § 5002. Duty to repair nonconforming automobiles.
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§ 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…
6 Del. C. § 5002A. Notice to consumer.
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§ 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…
6 Del. C. § 5002B. Express warranties.
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§ 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…
6 Del. C. § 5002C. Safe destruction of records.
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§ 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…
6 Del. C. § 5002D. Mailed notice; change of address or ownership.
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§ 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 …