TITLE 6

Commerce and Trade

SUBTITLE II

Other Laws Relating to Commerce and Trade

CHAPTER 36. HOME CONSTRUCTION AND IMPROVEMENT PROTECTION

Subchapter III. New Home Buyers Fire Protection Act [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3]


As used in this subchapter:

(1) "Builder'' means any individual, trustee, partnership, corporation, or other entity contracting with an owner for the construction of a new dwelling.

(2) "Buyer'' means any individual, trustee, partnership, corporation, or other entity purchasing any estate or interest in a new dwelling.

(3) "New dwelling'' means a new 1- or 2-family residential dwelling, not previously occupied, and constructed for residential use.

80 Del. Laws, c. 145, § 1.;

At the time of or prior to agreeing to final pricing for construction of a new dwelling with a buyer, a builder shall provide the buyer with a copy of written materials prepared and promulgated by the Office of the State Fire Marshal which detail the benefits an automatic fire sprinkler system. At the same time, a builder shall provide written materials including the costs associated with the installation and maintenance of an automatic fire sprinkler system. The buyer shall acknowledge receipt of the written materials in writing. Upon request of the buyer, the builder shall, at the buyer's expense, install an automatic fire sprinkler system or other requested fire suppression system.

80 Del. Laws, c. 145, § 1.;

(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.

(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.

80 Del. Laws, c. 145, § 1.;