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2019 Delaware Code
Title 6 - Commerce and Trade
Chapter 76. Delaware Lease-Purchase Agreement Act
§ 7613 Award of reasonable attorneys’ fees and court costs to prevailing party.
Universal Citation: 6 DE Code § 7613 (2019)
A lease-purchase agreement may provide for the payment of reasonable attorneys’ fees and actual court costs if it is referred to an attorney for collection. Reasonable attorneys’ fees and costs shall be awarded to the prevailing party in any action on a lease-purchase agreement subject to this chapter regardless of whether such action is instituted by the lessor or lessee. Where the defendant alleges in an answer that the defendant tendered either the full amount to which the plaintiff was entitled or possession of the property, and the allegation is found to be true, then the defendant is deemed to be a prevailing party within the meaning of this section.
68 Del. Laws, c. 59, § 1; 70 Del. Laws, c. 186, § 1.
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