§ 7721. Effect of commencing litigation.
§ 7721. Effect of commencing litigation. Other than a proceeding to require ADR under § 7719 of this title, this chapter and the procedures provided for herein shall cease to have any force or effect upon the commencement of litigation concerning the dispute that is the subject of the ADR proceedings. The parties to any […]
§ 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 […]
§ 7614. Waiver prohibited; severability.
§ 7614. Waiver prohibited; severability. (a) Any waiver by the lessee of this chapter shall be deemed contrary to public policy and shall be unenforceable and void. (b) If this chapter or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the application of such provision to […]
§ 7615. Penalties; grace period for compliance; limitation of liability.
§ 7615. Penalties; grace period for compliance; limitation of liability. (a) Any person who shall wilfully violate this chapter shall be guilty of a misdemeanor. (b) In case of a violation of this chapter with respect to any transaction, the lessee in such transaction may recover from the person committing the violation, or may set […]
§ 7616. Enforcement.
§ 7616. 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. 68 Del. Laws, c. 59, § 1; 69 Del. Laws, c. 291, § 98(a), (c); 77 Del. Laws, c. 282, § 14;
§ 7701. Short title; purpose.
§ 7701. Short title; purpose. (a) This chapter shall be known and may be cited as the “Delaware Voluntary Alternative Dispute Resolution Act.” (b) The purposes of the Delaware Voluntary Alternative Dispute Resolution Act are to provide a means to resolve business disputes without litigation and to permit parties to agree, prior to any disputes […]
§ 7702. Definitions.
§ 7702. Definitions. As used in this chapter, unless the context otherwise requires: (1) “ADR” means the alternative dispute resolution method provided for by this chapter unless the parties to a dispute adopt by written agreement some other method of ADR in which event “ADR” shall refer to the method they adopt. (2) “ADR Specialist” […]
§ 7703. How ADR is selected.
§ 7703. How ADR is selected. (a) Any person, by filing the certificate provided for in § 7704 of this title, shall be deemed to have agreed to submit all disputes subject to ADR to the ADR provided for by this chapter. Upon the filing of such certificate, the filer shall be bound by the […]