Title 24, Professions and Occupations

§ 2913. Hearing procedures. (a) If a complaint is filed with the Commission pursuant to § 8735 of Title 29 alleging violation of § 2912 of this title, the Commission shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hea…

§ 2914. Disciplinary sanctions. (a) The Commission may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations set forth in § 2912 of this title applies to a licensee: (1) Issue a letter of reprimand; (2) Place…

§ 2915. Temporary suspension pending hearing. (a) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, welfare or safety, the Commission may temporarily suspend the licensee’s license…

§ 2916. Reinstatement of a suspended license or issuance of a new license after revocation; removal from probationary status. (a) Where a license has been suspended due to the disability of the licensee, the Commission may reinstate such license if, after a hearing, the Commissio…

§ 2917. Effect of revocation of broker’s license. The revocation of a broker’s license shall automatically suspend every real estate service provider’s license granted to any individual by virtue of employment either directly or indirectly by the broker whose license has been rev…

§ 2918. Form and display of license [Repealed].35 Del. Laws, c. 63, § 7; Code 1935, § 5479; 24 Del. C. 1953, § 2917; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 103, § 4; 78 Del. Laws, c. 166, § 1; repealed by 82 Del. Laws, c. 8, § 11, effective Apr. 9, 2019.;

§ 2919. Maintenance of place of business; office permits. (a) The broker shall maintain an office approved by the Commission or by the state of licensure. Each office shall be under the direction and supervision of the broker. A broker applying for an office in the State of Delaw…

§ 2920. Notice of change in location of business; new license. Notice in writing shall be given to the Commission by the broker and include the names of each licensee included in any change of approved office location, whereupon the Commission shall issue a new license to each li…

§ 2921. Notice and procedure on termination of licensee’s employment; new license as prerequisite to resumption; inactive status. (a) When any licensee is terminated by the broker or broker organization or voluntarily terminates, the broker shall immediately notify the Commission…

§ 2922. Real Estate Guaranty Fund. (a) The Commission shall establish and maintain a Real Estate Guaranty Fund (hereinafter referred to as the “Fund”) from which, subject to this section, any person who obtains a final judgment against a licensee or brokerage organization for los…

§ 2923. Deposits and escrow accounts; accounting; records inspection and audit. (a) Every broker shall establish and maintain an escrow account or accounts in a federally insured banking institution which has offices within the State. (1) Accounts shall be opened in the name of t…

§ 2924. Penalties. A person not currently licensed under this chapter when guilty of engaging in the practice of providing real estate services, or using in connection with that person’s name, or otherwise assuming or using any title or description conveying, or tending to convey…

§ 2925. Enforcement. The Commission may report an individual for violation of this chapter before any court of competent jurisdiction and it may take the necessary legal steps for the proper legal officers of this State to enforce this chapter and collect the penalties provided i…

§ 2925A. The Rights and Responsibilities Guide for Landlords and Tenants Committee [For application of this section, see 85 Del. Laws, c. 277, § 5]. (a) For purposes of this section: (1) “Committee” means the Rights and Responsibilities Guide for Landlords and Tenants Committee. …

§ 2926. Applicability. This subchapter applies to licensees in their business relationships with customers and clients for all types of real estate services whether they are sales, leases, exchanges, management of real estate for others, or real estate counseling conducted by lic…

§ 2927. Certain psychological impacts not material facts. (a) The fact or suspicion that a property might be or is psychologically impacted is not a material fact that must be disclosed in a real property transaction. (b) No cause of action shall arise against an owner or landlor…

§ 2928. Internet and World Wide Web. Entering a name and email address on an Internet or World Wide Web site is sufficient to establish a broker-consumer relationship for the use of that system, but does not in of itself create a broker-customer or client relationship for any oth…

§ 2929. Financial information. Licensees do not have a duty to conduct an independent investigation of the customer’s or client’s financial condition and do not have a duty to independently verify the accuracy or completeness of financial statements made by the customer or client…

§ 2930. Compensation. (a) Written brokerage agreements. — Nothing in this chapter obligates a buyer, tenant, seller or landlord to pay compensation to a broker or brokerage organization unless that party has entered into a written brokerage agreement with the broker or brokerage …

§ 2931. Competitive market analysis (“CMA”). A competitive market analysis is not an appraisal. A licensee may perform a competitive market analysis as part of providing real estate services. However, a licensee shall not perform a competitive market analysis for the mortgagee on…

§ 2932. Common law of agency. (a) For transactions where the consumer hires a broker as a common law agent, and the broker agrees to become the consumer’s common law agent, the common law of agency applies to the extent it is not inconsistent with applicable provisions of this ch…

§ 2933. Statutory agency. (a) The common law of agency relative to brokerage relationships in real estate services transactions established pursuant to this chapter is expressly abrogated for any licensee functioning as a broker, associate broker, or salesperson, licensee owner, …

§ 2934. Commencement and termination of duties. (a) Commencement of duties for a statutory agent. — The duties of confidentiality as required by § 2936(c) of this title begin upon first contact between a licensee and the customer. The other statutory duties between a licensee and…

§ 2935. Duty to cooperate. (a) Licensees shall cooperate with all other licensees involved in a transaction except when cooperation is not in the customer’s or client’s best interest. The obligation to cooperate does not include any obligation to share commissions or to otherwise…

§ 2936. Broker, associate broker and salesperson as a statutory agent. (a) Unless specifically hired as a common law agent by a written brokerage agreement, a licensee is a statutory agent and not a common law agent for any party. The broker may from time to time designate 1 or m…

§ 2937. Vicarious liability; protections when working with a statutory agent. (a) A customer or client shall not be liable for a wrongful act, error, omission, or misrepresentation of the licensee except to the extent the customer or client had actual knowledge of the wrongful ac…

§ 2938. Consumer information statement; confidentiality. (a) The Commission shall establish by rule and regulation a consumer information statement (“CIS”). The Commission may provide alternative consumer information statements for residential properties, properties that do not c…

§ 2939. Limitations on local business licensing requirements, fees and taxes. (a) A county, municipality, or other political subdivision of the State shall not impose local business licensing requirements, fees, or taxes upon real estate brokers, associate brokers, brokerage orga…

§ 2940. Requirements for wholesaling; right to cancel agreement of sale or contracts for wholesale transactions. (a) An owner of a fee simple or leasehold interest in real property who is party, as seller, in a wholesale transaction has the right to cancel an agreement of sale or…

§ 3001. Objectives. (a) The primary objective of the Board of Mental Health and Chemical Dependency Professionals, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regu…

§ 3001A. Purpose. The purpose of this Compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is loc…

§ 3002. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning: (1) “Board” means the Board of Mental Health and Chemical Dependenc…

§ 3002A. Definitions. As used in this Compact, and except as otherwise provided, the following definitions shall apply: (1) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve…

§ 3003. Board of Mental Health and Chemical Dependency Professionals; appointments; composition; qualifications; terms; vacancies; suspension or removal; unexcused absences; compensation [For application of this section, see 80 Del. Laws, c. 261, § 2]. (a) There is created a Boar…

§ 3003A. State participation in the Compact. (a) To participate in the Compact, a state must currently: (1) License and regulate licensed professional counselors; (2) Require licensees to pass a nationally recognized exam approved by the Commission; (3) Require licensees to have …

§ 3004. Organization; meetings; officers; quorum. (a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times as the President deems necessary, or at the request of a majority of the Board members. (b) The Boa…

§ 3004A. Privilege to practice. (a) To exercise the privilege to practice under the terms and provisions of the Compact, the licensee shall: (1) Hold a license in the home state; (2) Have a valid United States Social Security number or National Practitioner Identifier; (3) Be eli…

§ 3005. Records. The Division shall keep a register of all approved applications for licenses under this chapter and complete records relating to meetings of the Board, rosters, changes, and additions to the Board’s rules and regulations, complaints, hearings and such other matte…

§ 3005A. Obtaining a new home state license based on a privilege to practice. (a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only 1 member state at a time. (b) If a licensed professional cou…

§ 3006. Powers and duties. (a) The Board shall have the power to: (1) Adopt rules and regulations, which shall be promulgated in accordance with the requirements of the Administrative Procedures Act, Chapter 101 of Title 29. (2) Designate an application form to be used by all app…

§ 3006A. Active duty military personnel or their spouses. Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service …

§ 3007. Fees. The amount charged for fees imposed under this chapter shall approximate and reasonably reflect costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a…

§ 3007A. Compact privilege to practice telehealth. (a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with § 3003A of this title and under rules promulgated by the Commission, to practice professional counselin…

§ 3008. Issuance and renewal of licenses. (a) The Board shall issue a license to an applicant who meets the requirements of this chapter for licensure and who pays the fee established by the Board. (b) A license must be renewed biennially, in such manner as is determined by the D…

§ 3008A. Adverse actions. (a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to: (1) Take adverse action against a licensed professional counselor’s privilege to practice within t…

§ 3009. Grounds for discipline. (a) A person licensed under this chapter is subject to the disciplinary sanctions set forth in § 3011 of this title if, after a hearing, the Board finds that the licensee has: (1) Employed or knowingly cooperated in a fraud or material deception in…