Delaware Code Title 6 Sec. 3683 – Remedies and penalties
(a) In addition to any remedies the buyer may have at law or in equity, whenever it appears to the Attorney General or Director of the Division of Consumer Protection that a person has engaged in, is engaging in or is about to engage in any act or omission in violation of this subchapter, the Attorney General or Director of the Division of Consumer Protection may institute a court proceeding or administrative proceeding in accordance with the process in subchapter II of Chapter 25 of Title 29. However, upon a finding that any person has wilfully violated this subchapter, the person shall pay for the first offense a civil penalty not less than $75 nor more than $150, and for each subsequent offense, a civil penalty not less than $100 nor more than $250. For purposes of this subchapter, a wilful violation occurs when the person committing the violation knew or should have known that the conduct was of the nature prohibited by this subchapter.
Terms Used In Delaware Code Title 6 Sec. 3683
- Builder: means any individual, trustee, partnership, corporation, or other entity contracting with an owner for the construction of a new dwelling. See Delaware Code Title 6 Sec. 3681
- Buyer: means any individual, trustee, partnership, corporation, or other entity purchasing any estate or interest in a new dwelling. See Delaware Code Title 6 Sec. 3681
- Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
(b) The remedies and penalties provided for in this section are not exclusive and shall be in addition to any other procedures, rights or remedies which exist with respect to any other provisions of law including, but not limited to, criminal prosecutions and actions brought by private parties under common or statutory law or both. However, there shall be no liability or cause of action against a real estate licensee licensed under Chapter 29 of Title 24 or real estate brokerage arising out of or related to a builder failing to provide the information required by this subchapter or for the content of the information. Additionally, there shall be no liability or cause of action against any nonprofit builder using 0% financing to the buyer.