§ 7707. Revocation of ADR.
§ 7707. Revocation of ADR. A certificate accepting ADR may be revoked by the filing of a certificate stating that it revokes a previously filed certificate. A certificate of revocation shall be executed and acknowledged in the same manner as a certificate accepting ADR. A certificate of revocation shall be effective upon filing and payment […]
§ 7608. Prohibited provisions.
§ 7608. Prohibited provisions. A lease-purchase agreement may not contain a provision: (1) Requiring a confession of judgment; (2) Authorizing a lessor or an agent of the lessor to commit a breach of the peace in the repossession of property; (3) Waiving a defense, counterclaim or right the lessor may have against the lessor or […]
§ 7708. Qualifications of ADR Specialist.
§ 7708. Qualifications of ADR Specialist. The ADR proceedings shall be conducted by any individual meeting one of the following criteria: (a) Successful completion of 25 hours of training in resolving civil disputes in a course approved by the department or division of the government authority charged with responsibility over adult education in the jurisdiction […]
§ 7609. Early purchase option.
§ 7609. Early purchase option. A lease purchase agreement must provide that at any time after the initial rental payment, the lessee may acquire ownership of the property by tendering 55 percent of the difference between the total of rental payments necessary to acquire ownership of the property and the total amount of rent paid […]
§ 7709. Selection of ADR Specialist.
§ 7709. Selection of ADR Specialist. (a) In the case of ADR proceedings that are to be held in the State, the party who initiates the proceedings shall select a panel of 3 ADR Specialists in Delaware to be considered by the parties. Unless the parties otherwise agree in writing, the ADR Specialist shall thereafter […]
§ 7610. Exempted transaction.
§ 7610. Exempted transaction. This chapter does not apply to agreements for the rental of property in which the person who rents the property has no legal right to become the owner of the rented property. 68 Del. Laws, c. 59, § 1;
§ 7710. Initiation of ADR proceeding.
§ 7710. Initiation of ADR proceeding. ADR proceedings are initiated by written notice to the other parties to a dispute who have filed an ADR certificate in accordance with § 7704 of this title or who have agreed to be bound by the ADR requirements of this chapter. The notice shall state in summary form: […]
§ 7611. Prohibited provisions in lease-purchase agreement as void.
§ 7611. Prohibited provisions in lease-purchase agreement as void. Any provision in a lease-purchase agreement which is prohibited by this chapter shall be void but shall not otherwise affect the validity of the lease-purchase agreement. 68 Del. Laws, c. 59, § 1;
§ 7612. Receipts; acknowledgement of payment in full for ownership.
§ 7612. Receipts; acknowledgement of payment in full for ownership. (a) If a lessee so requests, the lessor must give or forward to the lessee a receipt for any payment made in cash. The lessor must also furnish, upon the lessee’s request, an accounting of all charges, payments and their dates in connection with a […]
§ 7613. Award of reasonable attorneys’ fees and court costs to prevailing party.
§ 7613. Award of reasonable attorneys’ fees and court costs to prevailing party. A lease-purchase agreement may provide for the payment of reasonable attorneys’ fees and actual court costs if it is referred to an attorney for collection. Reasonable attorneys’ fees and costs shall be awarded to the prevailing party in any action on a […]