Sale of Motor Vehicles

Del. Code tit. 21, ch. 63
in effect

Del. Code tit. 21, § 6301 Definitions [For application of this section, see 79 Del. Laws, c. 161, § 5].

As used in this chapter: (1) “Consignment” is when a vehicle owner enters into an agreement with a dealer for the sale of a vehicle without a transfer of ownership to the dealer. (2) “Dealer” or “motor vehicle dealer” includes all of the following: a. A person, corporation, partnership, proprietorship or any other legal entity who is in the business of buying, selling or exchanging during any 12-month period 5 or more vehicles. b. Any person, corporation, partnership, proprietorship or any other legal entity who offers to sell, sells, displays or permits the display for sale, of 5 or more vehicles within a 12-month period. (3) “Dealer” or “motor vehicle dealer” does not include: a. A receiver, trustee, personal representative, or other person appointed by or acting under the authority of any court of competent jurisdiction. b. A public official who sells or disposes of vehicles in the performance of the official’s duties. c. Any financial institution chartered or authorized to do business in Delaware, including its subsidiaries or affiliates, which receives title to a motor vehicle in the normal course of its business by reason of a lease, foreclosure, repossession, judicial sale or voluntary conveyance or reconveyance of the motor vehicle as a result of any lease of the motor vehicle or any extension of credit secured by the motor vehicle or the enforcement of any lien on the motor vehicle. d. A licensed auctioneer acting on behalf of a seller, secured party or owner and when title does not pass to the auctioneer and the auction is not for the purpose of avoiding this chapter. e. An insurance company authorized to do business in Delaware that sells or disposes vehicles under a contract with its insured in the regular course of business. f. Either a manufacturer or distributor who sells or distributes vehicles to licensed dealers or a person employed by a manufacturer or distributor to promote the sale of the vehicles of the manufacturer or distributor, if that manufacturer, distributor, or person does not sell vehicles to retail buyers. A manufacturer or distributor engaged in selling vehicles to retail buyers may be licensed as a dealer, subject to the limitations set forth in § 6302(g) of this title. g. A nonprofit educational foundation organized to promote instructional effectiveness and educational achievement. (4) “Department” shall mean the Department of Transportation, Division of Motor Vehicles. (5) “Director” shall mean the Director of the Division of Motor Vehicles or the Director’s authorized or delegated representative. (6) “Division” shall mean the Division of Motor Vehicles. (7) “Franchised motor vehicle dealer” means a dealer in new vehicles that has a franchise agreement with a manufacturer or distributor of vehicles or, in the case of a recreational vehicle dealer, has a manufacturer-dealer agreement with a manufacturer of distributor to sell a particular line-make of new recreational vehicle or new recreational trailer. As used in this section, the term “line-make” is defined in § 8402(7) of this title. (8) “New motor vehicle” means a motor vehicle with a manufacturer’s certificate of origin that has not been titled or registered by any state or country in the name of an end user via sale or lease and that has never been the subject of a completed, successful, or conditional sale that was subsequently approved other than between new motor vehicle dealers, or between a manufacturer and a new motor vehicle dealer of the same franchise. (9) “New motor vehicle dealer” means a dealer or motor vehicle dealer who sells new motor vehicles. (10) “Retail dealer” means a dealer who may sell vehicles to another dealer, licensed auto auction, or retail customers. (11) “Used motor vehicle” means a motor vehicle that has been sold, bargained, exchanged, given away, or title transferred from the person who first acquired it from the manufacturer or importer, dealer or agent of the manufacturer or importer and so used as to have become what is commonly known as “secondhand” within the ordinary meaning thereof. “Used motor vehicle” also includes a motor vehicle that has been driven for 7500 miles or more, or that has been used for personal use by an employee or owner of a new motor vehicle dealer, or by a family member of an employee or owner of a new motor vehicle dealer, regardless of whether the motor vehicle would otherwise qualify as a new motor vehicle. (12) “Used motor vehicle dealer” means a dealer or motor vehicle dealer who exclusively sells used motor vehicles. (13) “Vehicle” means motor vehicles, trailers, recreational vehicles, recreational trailers, mobile homes, and any other device, in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by animal power, human power, electric bicycles, off-highway vehicles, special mobile equipment and farm equipment. (14) “Wholesale dealer” means a dealer who may sell vehicles only to another dealer or licensed auto auction.

Del. Code tit. 21, § 6302 License requirements [For application of this section, see 85 Del. Laws, c. 40, § 15].

(a) Department approval. — No person, corporation, partnership, proprietorship or any other legal entity shall carry on or conduct the business of buying, selling or dealing in new or used vehicles unless issued a dealer’s license by the Department. A dealer license issued under this title is not transferrable. (b) Application. — Application for a dealer’s license shall be made upon the form prescribed by the Department and shall contain the name and address of the applicant. When the applicant is a partnership the name and address of each partner shall appear on the application. When the application is a corporation, the names of the principal officers of the corporation, the state in which incorporated, the place or places where the business is to be conducted and such other information as may be required by the Department shall appear on the application. Every such application shall contain a certification by the applicant that the information provided is true and accurate to the best of the applicant’s knowledge. (c) Resident requirements. — The owner of a dealership must have been issued a Delaware driver’s license and established residency in Delaware at least 90 days prior to the time of application. Franchised and new vehicle dealers are exempted from this requirement. (d) Age requirement. — The applicant must be at least 18 years of age on the date the application is submitted to the Department. (e) Fingerprinting requirement. — (1) An applicant seeking a license or license renewal, if more than 5 years have passed since original licensure process, must submit fingerprints and other necessary information in order to obtain a report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to the applicant. (2) All information obtained under this subsection shall be forwarded to the Division for review to determine the applicant’s suitability for licensure pursuant to § 6313 of this title. Information obtained under this subsection is confidential and may only be disclosed to the Director of the Division or the Director’s designee. The State Bureau of Identification may release subsequent criminal history to the Division. (f) Fee. — (1) The application fee for a license is $100. (2) The license renewal fee is $50. (3) All dealerships must obtain a yearly dealer business license from the Department of Finance, Division of Revenue. Wholesale dealers must also obtain an additional wholesale license pursuant to § 6307 of this title. The business license or licenses must be kept at the business location and be available for inspection by the Department. (g) Restriction upon ownership of dealership by manufacturer, importer or distributor. — A manufacturer, importer, or distributor, or agent of a manufacturer, importer, or distributor, or parent, subsidiary, common entity, officer, or currently employed representative of the manufacturer, importer, or distributor, may not directly or indirectly own, operate, or control, by contract, agreement, or otherwise, a motor vehicle dealership in this State if the manufacturer, importer, or distributor has manufactured, imported, or distributed motor vehicles of any line-make which have been or are offered for sale under a franchise agreement in this State with an independent person. Any person who is not prohibited by this section from owning, operating, or controlling a motor vehicle dealership may be issued a dealer license, provided that all applicable licensing requirements are satisfied. Any person prohibited by this section from owning, operating, or controlling a motor vehicle dealership may not be issued a dealer license. Whenever used in this section, unless the context otherwise requires, the following words and terms have the following meanings: (1) “Common entity” means a person: a. Who is directly or indirectly controlled by or has more than 30% of its equity interest directly or indirectly owned, beneficially or of record, through any form of ownership structure, by a manufacturer, an importer, a distributor, or a licensee, or an affiliate thereof; or b. Who has more than 30% of its equity interest directly or indirectly controlled or owned, beneficially or of record, through any form of ownership structure, by 1 or more persons who also directly or indirectly control or own, beneficially or of record, more than 30% of the equity interests of a manufacturer, an importer, or any affiliate thereof. (2) “Importer” means any person who imports motor vehicles from a foreign country into the United States or into this State for the purpose of sale or lease. (3) “Independent person” means a person who is not an agent, a parent, a subsidiary, a common entity, an officer, a director, or an employed representative of a manufacturer, importer, or distributor.

Del. Code tit. 21, § 6303 Location requirements; records [For application of this section, see 79 Del. Laws, c. 161, § 5].

(a) Except as provided in § 6311(b) of this title, no dealers license shall be issued to any vehicle dealer unless the dealership has an established place of business owned, rented, or leased by the dealership and which: (1) Satisfies all local zoning requirements. Zoning approval shall be submitted to the Division when the application is submitted; (2) Has sales and office space devoted to the dealership and has adequate display space for 5 or more vehicles, and, in the case of a new recreational vehicle dealer, has a service facility; (3) Has a telephone installed in the office and listed in the business name; (4) Has adequate liability insurance as required by § 2118 of this title; (5) Has a sign on the premises measuring at least 24 x 36 inches which lists the dealership’s approved name. (b) The dealership office shall maintain and have adequate file cabinets to maintain records required by the Department. All dealer records regarding purchases, sales, transfers of ownership, collection of vehicle document fees, titling, registration fees, odometer disclosure statements, temporary license plates and records of dealer registration plates assigned to the dealer shall be maintained on the premises of the licensed location. All records shall be maintained for a minimum of 5 years. The Director may, on written request by a dealer, permit records to be maintained at a location other than the premises of the licensed location for good cause shown. (c) Every dealer shall have in its possession a certificate of title assigned to the dealership or other documentary evidence of the dealer’s right to the possession of, and for every vehicle in the dealership’s possession or on the dealership premises. (d) During business hours, the records of the dealership shall be open to inspection by Department officials, any police officer or any duly authorized investigator at the Department of Justice while discharging their official duties.

Del. Code tit. 21, § 6304 Expiration and renewal of license.

Each license issued under this title shall expire at midnight on December 31 of the period for which it was issued and may be renewed upon application to the Department prior to its expiration. Dealers who have not sold a minimum of 5 vehicles between January 1 and December 31 of each year shall be denied license renewal. The Director of the Division of Motor Vehicles may, on written request by a dealer, permit renewal of a dealer’s license for dealers selling less than 5 vehicles for good cause shown in writing to the Department.

Del. Code tit. 21, § 6305 Bill of sale.

Every motor vehicle dealer shall complete, in duplicate, a bill of sale for each sale or exchange of a motor vehicle. The original shall be retained for a period of 5 years. A duplicate copy shall be delivered to the purchaser at the time of sale or exchange. The bill of sale shall be signed by both buyer and seller. A bill of sale shall include the following: (1) The name and address of the person to whom the vehicle was sold or traded; (2) The date of the sale or trade; (3) The name and address of the motor vehicle dealer selling or trading the vehicle; (4) The make, model, year, vehicle identification number and body style of the vehicle; (5) The sale price of the vehicle; (6) The amount of any deposit made by the buyer; (7) A description of any Delaware titled vehicle used as a trade-in and the amount credited the buyer for the trade-in; (8) The amount of the document fee, title fee, registration fee or any other fee for which the buyer is responsible and the dealer has collected; each fee shall be individually listed and identified; and (9) The amount of any balance due at settlement.

Del. Code tit. 21, § 6306 Consignment vehicles-contract.

Any motor vehicle dealer offering a vehicle for sale on consignment shall have in their possession a consignment contract for the vehicle, executed and signed by the dealer and the consignor. The consignment contract shall include the following: (1) The complete name and address of the owner(s); (2) The name, address and dealer identification number of the selling dealer; (3) A complete description of the vehicle on consignment, including the make, model, year, vehicle identification number and body style; (4) The beginning and termination dates of the contract; (5) The percentage or the net amount the owner is to receive, if the vehicle is sold; (6) A disclosure of all unsatisfied liens on the vehicle and the location of the certificate of title to the vehicle. Any dealer offering a vehicle for sale on consignment shall inform any prospective customer that the vehicle is on consignment. Dealer license plates shall not be used to demonstrate a vehicle on consignment. The owners license plate may be used if liability insurance coverage is in effect in the amount prescribed by Delaware law.

Del. Code tit. 21, § 6307 Wholesale Dealers.

(a) A wholesale dealer who is licensed by the Division is authorized to do the following: (1) Buy a vehicle from another dealer, a licensed auto auction or retail seller; (2) Sell a vehicle to, or exchange vehicles only with another dealer or through a licensed auto auction; (3) A wholesale dealer may operate from a private residence and is not required to comply with § 6303(a)(2) and (5) of this title. (b) A wholesale dealer may not: (1) Sell or exchange vehicles with a retail buyer; and (2) Buy, sell or exchange new vehicles; and (3) Sell vehicles on consignment.

Del. Code tit. 21, § 6308 Auctions.

(a) Each person who conducts auctions of vehicles shall keep a record of each of the following: (1) The name and address of the consignor or seller; (2) The date on which the vehicle was consigned; (3) The year, make, model and vehicle identification number of each vehicle consigned; (4) The title number and State where the vehicle was last registered; (5) The odometer mileage reading at the time of consignment; (6) The name and address of the person to whom the vehicle was sold; (7) The buyer’s driver’s license number and state which issued the license; (8) The selling price; and (9) The date of sale. (b) During business hours, auction records shall be open for inspection by Division of Motor Vehicle officials, any police officer or any duly authorized investigator at the Department of Justice while discharging their official duties. (c) Auction sales must be performed at the approved auction location. (d) All records required by this section shall be maintained for 5 years after the sale of the vehicle to which such records apply. (e) Auctions are authorized to issue 30-day temporary license plates under § 2130 of this title to allow vehicles to be removed from the auction lot. The temporary plates shall only be issued to individuals with a valid driver’s license. The auction shall witness and record proof of any legally required liability insurance on a vehicle prior to the issuance of the temporary license plate.

Del. Code tit. 21, § 6309 Prohibited acts.

(a) A dealer, its agent or an employee of a dealer may not permit any individual to road test a motor vehicle if they know the individual does not have a valid driver’s license. (b) A dealer or an agent or employee of a dealer may not commit any fraud in the execution of, or any material alteration of, a contract, power of attorney or other document incident to a sale or exchange of a vehicle. (c) A dealer or an agent or employee of a dealer may not wilfully fail to comply with the terms of a warranty or guarantee. A Federal Trade Commission Buyers Guide will be properly completed and displayed on all used vehicles. Buyer(s) will be provided a copy of the Guide prior to completion of the sale. (d) A dealer or agent of a dealer must disclose to a buyer if the vehicle title has been branded “reconstructed”, “flood damaged”, “salvage” or was a “taxi”. The buyer(s) shall acknowledge the disclosure as described in this subsection by signing a disclosure statement which has been approved by the Division of Motor Vehicles and is provided by the dealership. A copy of the disclosure statement shall be provided to the Delaware Division of Motor Vehicles with the title application. In the absence of any disclosure statement, the contract may be rescinded at any time by the buyer and the dealer shall provide a full and complete refund to the buyer of all purchase moneys, including interest paid, plus all fees paid. Disclosure shall not prevent any person from otherwise bringing any action under any law for a failure to disclose material information concerning the condition or prior use of any vehicle.

Del. Code tit. 21, § 6310 Acts of officers, directors, partners, and sales persons.

If a licensee is a partnership or corporation, it shall be sufficient cause for the denial or suspension of a license if any officer, director or trustee of the partnership or corporation, or any member in the case of a partnership, has committed any act or omitted any duty which would be cause for denial or suspending a license issued to such licensee as an individual under this chapter. Each licensee shall be responsible for all acts of any of their salespersons while acting as their agent, if the licensee approved of those acts or had knowledge of those acts or other similar acts and after such knowledge retained the benefit, proceeds, profits or advantages accruing from those acts.

Del. Code tit. 21, § 6311 License requirements [For application of this section, see 79 Del. Laws, c. 161, § 5].

(a) In the event any dealer intends to change a licensed location, the dealer shall provide the Division of Motor Vehicles advance written notice. A successful inspection of the new location shall be required prior to approval of a change of location by the dealer. All requirements of § 6303 of this title shall be completed prior to final approval. (b) Notwithstanding anything herein to the contrary, a recreational vehicle dealer may sell and display new and used recreational vehicles or recreational trailers at trade or public retail vehicle shows, rallies, or exhibitions, including those in enclosed malls, for up to 14 days per event, provided that: (1) Delaware recreational vehicle dealers outside of their “area of sales responsibility,” as the term is defined in § 8402(1) of this title, do not exhibit, sell or offer for sale the same line-make of recreational vehicle or recreational trailers as a Delaware dealer whose area of sales responsibility encompasses the location of the recreational vehicle trade show or public retail vehicle show, or rally or exhibition, where the term “line-make” has the same meaning as defined in § 8402(7) of this title; and without the written permission of the dealer whose area of responsibility encompasses the show, rally, or exhibition site; (2) An out-of-state recreational vehicle dealer, without an established place of business in Delaware, must meet all of the following conditions: a. The dealer must be from a state contiguous to Delaware that permits Delaware dealers to participate in recreational vehicle trade shows, or public retail vehicle shows, or rallies, or exhibitions, including those in enclosed malls, in the dealer’s state under conditions substantially equivalent to those imposed on out-of-state dealers by Delaware; b. The dealer must be in compliance with the laws of the dealer’s state of residence; c. The recreational vehicle trade show or public retail vehicle show, or rally, or exhibition in which the dealer is participating must have a minimum of 3 participating dealers, the majority of which are from Delaware; d. The dealer may not exhibit, sell, or offer for sale the same line-make of recreational vehicle or recreational trailers as a Delaware dealer who is participating in the same recreational vehicle trade show or public retail vehicle show, rally, or exhibition without the Delaware dealer’s written permission, where the term “line-make” has the same meaning as defined in § 8402(7) of this title; and (3) In the event that an out-of-state dealer is in violation of paragraph (b)(2) of this section, the affected in-state dealer may bring a cause of action pursuant to § 8411(c) of this title.

Del. Code tit. 21, § 6312 Issuance of dealer license [For application of this section, see 79 Del. Laws, c. 161, § 5].

Upon receiving a dealer license application for approval, and satisfied that the applicant is of good character and, so far as can be ascertained, the applicant has complied with and will comply with, the laws of this and other states, the Department shall approve the application and issue a dealer license. A license entitles a dealer to carry on and conduct the business of a dealer during the calendar year in which the license is issued. Franchised new vehicle dealers must provide the Division a copy of the franchise agreement, or, in the case of a recreational vehicle dealer, a manufacturer-dealer agreement, prior to being licensed as a new vehicle dealer.

Del. Code tit. 21, § 6313 Grounds for denying application for, or renewal of, dealer license; suspension or revocation of license [For application of this section, see 79 Del. Laws, c. 161, § 5].

A dealer license or renewal of license, applied for or issued pursuant to this chapter may be denied, suspended, or revoked for any 1 of the following reasons: (1) Material misstatement or omission on the original or renewal application for a dealer license. (2) Failure to maintain an established place of business, business phone or Division of Revenue Dealer Business License. (3) Failure to comply subsequent to receipt from the Division of a cease and desist order or a written warning or arrest. (4) Failure to comply with this title or Title 30. (5) Conviction of a felony in this State or any other jurisdiction. For waiver of a felony conviction, at the time of application, more than 10 years must have elapsed since the date of conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence, and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service. (6) Conviction of a misdemeanor involving theft, fraud, dishonesty, false pretense, or moral turpitude, in this State or any other jurisdiction. For waiver of a misdemeanor conviction, at the time of application, more than 5 years must have elapsed since the date of conviction. At the time of application the applicant may not be incarcerated, on work release, on probation, on parole, or serving any part of a suspended sentence, and must be in substantial compliance with all court orders pertaining to fines, restitution, and community service. (7) The Department will defer any license application or renewal if the applicant has pending felony or misdemeanor charges, as specified in paragraphs (5) and (6) of this section, during the pendency of the charges. (8) Failure of the applicant to notify the Department within 72 hours of any known change in criminal history. (9) The Department makes a determination, so far as can be ascertained, that the applicant or licensee no longer meets the standard set forth in § 6312 of this title. (10) Failure to maintain a service facility, if the licensee is a dealer of new recreational vehicles. Recreational vehicle dealers with multiple locations in Delaware may maintain a service facility at 1 location to satisfy this requirement. (11) The applicant was a previous holder of a license that was suspended or revoked by the Department and the terms of such suspension have not been satisfied. (12) The applicant or licensee solely employs call forwarding, telephone answering services and/or mail forwarding services during scheduled business hours or otherwise sells motor vehicles from a remote or otherwise unlicensed location. (13) Failure to maintain fiscal responsibility including failure to timely file personal and business federal and state tax returns.

Del. Code tit. 21, § 6314 Suspension and hearing notices.

(a) No license issued under this title shall be suspended, revoked or renewal thereof refused, until a written copy of the complaint made has been furnished to the licensee against whom the same is directed. The written notice of complaint shall be sent to the licensee by certified mail, return receipt requested, addressed to the last known address as shown on the license or dealership application or other record of information in possession of the Division. The written notice shall inform the licensee of the following: (1) This Division’s intention to suspend, revoke or deny renewal of the dealership license. (2) The nature of the complaint and the law or regulation allegedly violated by the dealership. (3) The notice shall cite the law or regulation giving the Division authority to act. (4) The notice shall inform the dealer of its right to request a hearing to dispute the complaint. The hearing must be requested within 10 days from earlier of the dates that the dealer received the certified letter or the Division received the return receipt on the certified letter. (5) The notice shall inform the dealer of its right to present evidence, to be represented by counsel and to appear personally or by other representative at the hearing. (b) The Division shall inform a dealer requesting a hearing of the date, time and place the hearing shall be held. The notification shall be provided by certified mail, return receipt requested, and shall give at least 20 days prior notice to all parties involved, unless waived by the dealer. The notice shall inform the parties of the Division’s obligation to reach its decision based upon the evidence received. (c) The Division Director or designated representative may order a temporary emergency dealer license suspension. Any suspension issued under this subsection shall be exempt from the provisions required in subsections (a) and (b) of this section, except as provided herein. The following guidelines shall apply for this temporary suspension. (1) If a dealer has 5 outstanding violations of §§ 2306(e) and/or 2509 of this title for not submitting a buyer’s vehicle title application to the Division within the required 30 days from the date of sale; and (2) A dealer has been provided 5 days’ written notice by the Division to submit the required paperwork but has failed to comply, then the Division will place a temporary emergency dealer license suspension notice on or near the entrance of the dealer’s place of business to notify potential buyers that the dealer’s license is temporarily suspended. (3) Unauthorized removal of the notice or failure to comply with the temporary emergency dealer license suspension order may result in the immediate permanent suspension of the dealer’s license, after notice and an opportunity for a hearing under subsections (a) and (b) of this section. (4) The temporary emergency dealer license suspension will be lifted by the Division when the required vehicle title applications and payments are submitted to the division. (5) A dealer who fails to submit the required vehicle title applications and payments within 10 days after receiving a temporary emergency dealer license suspension may have its dealer license permanently suspended, after notice and an opportunity for a hearing under subsections (a) and (b) of this section.

Del. Code tit. 21, § 6314A Effect of suspension, revocation, or renewal refusal on licensee.

(a) Dealers who have their dealer license suspended, revoked, or renewal refused pursuant to this title are prohibited from being employed at any dealership licensed pursuant to this title in any of the following positions: (1) Manager. (2) Sales person in any capacity. (3) Authorized signer. (4) Any other position in which the individual would interact with customers, handle financial transactions, or complete any paperwork required to be submitted to the Division. (b) Dealers who have their dealer license suspended, revoked, or renewal refused pursuant to this title are prohibited from being employed in any of the capacities listed in this section for the following time periods: (1) If a license is revoked, for 5 years from the effective date of the revocation. (2) If a license is suspended, for the length of the suspension from the effective date of the suspension. (3) If renewal is refused, for 12 months from the date that the dealer received the certified letter sent pursuant to § 6314(a) of this title or any time period set forth in a decision issued by the Division on appeal. If the certified letter is unable to be delivered, the 12-month period will start 30 days after the Division mails the certified letter required by § 6314(a) of this title. (4) If the dealer receives a notice pursuant to § 6314 of this title that its license will be suspended, or renewal refused, and the dealer chooses not to request a hearing pursuant to § 6314(a) of this title, for 12 months from the date that the dealer received the certified letter sent pursuant to § 6314(a) of this title. If the certified letter is unable to be delivered, the 12-month period will start 30 days after the Division mails the certified letter required by § 6314(a)(4) of this title. (5) If the dealer receives a notice pursuant to § 6314 of this title that its license will be revoked and the dealer chooses not to request a hearing pursuant to § 6314(a) of this title, for 5 years from the date that the dealer received the certified letter sent pursuant to § 6314(a) of this title. If the certified letter is unable to be delivered, the 5-year period will start 30 days after the Division mails the certified letter required by § 6314(a)(4) of this title. (c) The Division shall notify any dealer subject to the restrictions set forth in this section by certified mail, return receipt requested, addressed to the last known address as shown on the license or dealership application or other record of information in possession of the Division, to turn in all documentation required by § 6316 of this title. If the dealer does not return the documentation required by § 6316 of this title within 10 days from the date that the dealer receives the certified letter, the time periods set forth above will be extended out by 1 day for every day past day 10 the § 6316 of this title documentation is outstanding. If the certified letter is unable to be delivered, the counting for the purposes of the extension period will start 30 days after the Division mails the certified letter. The Division shall notify the dealer in writing on a monthly basis of any extensions for failure to turn in documentation required by § 6316 of this title. If the documentation required by § 6316 of this title is not turned in within 6 months from the date required in this section, the time periods set forth above will be extended indefinitely. A dealer may turn in documentation at any time after the 6-month period and the prohibited employment time period will end 12 months after the date the documentation is turned in, or when the extended time period was set to end, whichever is longer. (d) The prohibitions set forth in this section apply to any individual licensee, or if the licensee is a partnership, each individual partner listed on the application submitted pursuant to § 6302 of this title, or if the licensee is a corporation, the individual or individuals who signed the application submitted pursuant to § 6302 of this title on behalf of the corporation. (e) Should the Division learn that a dealer has been employed in violation of the section, the period of time set forth in this section shall be extended by 6 months for every month the dealer is employed in violation of this section. The Division shall notify the dealer of any violation in writing by certified mail, return receipt requested, addressed to the last known address as shown on the license or dealership application or other record of information in possession of the Division. The written notice shall inform the dealer of the following: (1) This Division’s intention to extend the suspension, revocation, or other time period set forth in this section. (2) The nature of the violations by the dealer. (3) The notice shall inform the dealer of its right to request a hearing to dispute the violation. The hearing must be requested within 10 days from earlier of the dates that the dealer received the certified letter or the Division received the return receipt on the certified letter. (4) The notice shall inform the dealer of its right to present evidence, to be represented by counsel and to appear personally or by other representative at the hearing. (f) Any hearings requested by a dealer under this section shall follow the procedures set forth in §§ 6314(b) and 6315 of this title.

Del. Code tit. 21, § 6315 Hearings.

(a) If the Division refuses an application for a license, denies a renewal of a license or proposes the suspension or revocation of a dealer’s license, the Division shall provide a hearing when requested under § 6314 of this title. At the hearing the licensee shall have the right to be heard personally, by counsel or by its agent. The Director may initiate investigations, appoint a hearing officer and subpoena witnesses. After the hearing, the Director, upon receiving a decision from the hearing officer upholding the Division’s position, may suspend or revoke a dealer’s license, deny a renewal or refuse to approve an application. The Director shall consider prior to any suspension, revocation, denial of renewal or refusal to approve an application: (1) The nature of the violation(s) and the dealer’s willingness to make restitution to all parties harmed by dealership actions. (2) The effect of the proposed action on the community. The Director shall provide written notice to all parties involved of the decision by certified mail, return receipt requested. The decision is appealable to the Superior Court. Any appeal must be filed within 30 days of the earlier of the receipt of the decision by the dealer or the date of receipt of the return receipt by the Division. (b) Should a dealer fail to maintain an established place of business, the Division may cancel the license without a hearing after notification of the intent to cancel has been sent by certified mail, to the dealer at the dealer’s residence and business addresses, and the notices are returned undelivered or the dealer does not respond within 20 days from the date the notices were sent.

Del. Code tit. 21, § 6316 Return of license, dealer number plates, temporary license plates, and dealer reassignment forms.

If the Division suspends, revokes or denies the renewal of the license of any dealer licensed under this chapter, the dealer immediately shall return the license, dealer number plates, temporary license plates and dealer reassignment forms belonging to the dealer. The Division may grant the licensee up to 30 days to dispose of vehicles belonging to the dealer.

Del. Code tit. 21, § 6317 Cease and desist orders and injunctive relief [For application of this section, see 79 Del. Laws, c. 161, § 5].

In addition to the legal remedies provided for in this chapter, the Division of Motor Vehicles is authorized to issue cease and desist orders to any person, corporation, partnership, proprietorship or other legal entity who violates this chapter. The Division is also authorized to file a complaint for injunctive relief with the Court of Chancery upon notice that a cease and desist order is violated. The Chancery Court is authorized to award attorney fees and costs to the Division if a preliminary or permanent injunction is granted by the court. Nothing herein shall prevent the Attorney General from seeking any other civil remedy or criminal sanction for any conduct constituting a violation of this chapter.

Del. Code tit. 21, § 6318 Penalties.

(a) Whoever violates any provision of this chapter shall be guilty of an unclassified misdemeanor and shall be fined not less than $50 nor more than $575. (b) Subsection (a) of this section shall not apply to violations for which penalties are prescribed elsewhere in this title.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title21/c063/index.htmlFetched: 6/28/2026

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