2015 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 25B. DELAWARE RESIDENTIAL WATER TREATMENT SYSTEM SALES
§ 2505B In-home testing.

(a) A seller may perform an in-home aesthetic test and furnish to the buyer a document that conspicuously discloses the test results and that the aesthetic test is related to matters of personal taste and is not related to health. All health-related tests must be performed by a certified laboratory. Notwithstanding the preceding sentence, a seller may perform an in-home test of a water sample for nitrates, provided that if the buyer's home is served by public water supplied by a municipal, utility or other community system, the seller also obtains at the seller's cost a test for nitrates from a certified laboratory prior to completion of a sale and installation of a residential water treatment system.

(b) Performance of any in-home testing not in compliance with this act shall constitute an unlawful practice within the meaning of § 2513 of this title.

73 Del. Laws, c. 420, § 1.;

§ 2506B Enforcement and remedies.

(a) The Attorney General shall have the same authority in enforcing, remedying, and otherwise carrying out the provisions of this subchapter as is provided 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 the costs, a civil penalty of not more than $10,000 per violation pursuant to § 2513 of this title. If the violation is against a person age 65 or older or a person with a disability, 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 a nature prohibited by this chapter.

(d) The remedies 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.

73 Del. Laws, c. 420, § 1; 77 Del. Laws, c. 282, § 7; 79 Del. Laws, c. 371, § 2.;