§ 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 […]
§ 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 […]
§ 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 […]