Delaware Statutes

§ 1186 — When agreement to locate property enforceable

Delaware·Title 12·Part Descent and Distribution; Escheat·Ch. 11 ESCHEATS·Subch. Unclaimed Property

An agreement by an owner and a person, a purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the State Escheator, is enforceable only if the agreement meets all of the following criteria:

(1)It is in a record that clearly sets forth the nature of the property and the services to be provided.
(2)It is signed by or on behalf of the owner, with signature notarized.
(3)It states the amount or value of the property reasonably estimated or expected to be recovered computed, to the extent disclosure of the amount is permitted under § 1189 of this title, both before and after a fee or other compensation to be paid to the other person has been deducted.
(4)It discloses that the property is being held by the Department of Fina

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Legislative History

81 Del. Laws, c. 1, § 2 ; 83 Del. Laws, c. 59, § 23 ; 83 Del. Laws, c. 346, § 10

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