TITLE 6

Commerce and Trade

SUBTITLE II

Other Laws Relating to Commerce and Trade

CHAPTER 24B. FORECLOSURE CONSULTANTS AND RECONVEYANCES

Subchapter IV. Enforcement and Remedies


(a) The Attorney General shall have the same authority to enforce and carry out this chapter as is granted by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title.

(b) If a court or tribunal of competent jurisdiction finds that any person has wilfully violated this chapter, the Attorney General, upon petition to the court or tribunal, shall recover from the person, on behalf of the State, in addition to all costs, a civil penalty of not more than $10,000 per violation pursuant to § 2533 of this title. If the violation is against an elder person or person with a disability or an additional civil penalty of not more than $10,000 per violation shall be recovered pursuant to § 2581 of this title. Each day that a wilful violation continues shall be considered a separate violation.

(c) For the purpose of this chapter, a wilful violation occurs when the party committing the violation knew or should have known that the party's conduct was of the nature prohibited by this chapter.

76 Del. Laws, c. 419, § 1; 77 Del. Laws, c. 282, § 17; 79 Del. Laws, c. 371, § 1.;

(a) A person engages in a deceptive trade practice and is subject to the remedies available in § 2533 of this title when, in the course, of such person's business, vocation, or occupation, such person violates any provision of this chapter.

(b) Any homeowner who brings an action under this chapter may be awarded monetary damages by a court of competent jurisdiction.

(c) A person who violates any order or injunction issued pursuant to this chapter is subject to the provisions of § 2598 [repealed] of this title.

(d) A person who violates any provision of this chapter shall be guilty of a class A misdemeanor.

76 Del. Laws, c. 419, § 1.;

The remedies and penalties provided for in this chapter 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 state and/or federal criminal prosecutions and/or actions brought by private parties.

76 Del. Laws, c. 419, § 1.;