Delaware § 4724 Unlawful trade in new and unused property; exceptions

Delaware Statutes

§ 4724 — Unlawful trade in new and unused property; exceptions

Delaware § 4724

Title6

Ch. 47TRANSIENT RETAILERS

Subch.Unused Property Markets

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Bluebook

Del. Code tit. 6, § 4724 (2026).

Text

The provisions of this subchapter shall not apply to:

(1)Any event which is organized for the exclusive benefit of any community chest, fund, foundation, association or corporation organized and operated for religious, educational or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event;

(2)Any event at which all of the personal property offered for sale or displayed is new, and all persons, selling, exchanging or offering or displa

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The provisions of this subchapter shall not apply to:

(1) Any event which is organized for the exclusive benefit of any community chest, fund, foundation, association or corporation organized and operated for religious, educational or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event;

(2) Any event at which all of the personal property offered for sale or displayed is new, and all persons, selling, exchanging or offering or displaying personal property for sale or exchange, are manufacturers or authorized representatives of manufacturers or distributors;

(3) The sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this State;

(4) The sale of wood for fuel, ice or livestock;

(5) Business conducted in any industry or association trade show;

(6) Property, although never used, whose style, packaging or material clearly indicates that such property was not produced or manufactured within recent times;

(7) Anyone who sells by sample, catalog or brochure for future delivery;

(8) The sale of arts or crafts by a person who produces such arts or crafts;

(9) The sale of new and unused property claimed to be the personal possession of the unused property merchant which had been intended for the merchant’s personal use; provided, however, that this exception shall not apply to any item of personal property that is 1 of 4 or more identical items that the unused property merchant possesses or offers for sale; or

(10) Persons who make sales presentations pursuant to a prior, individualized invitation issued to the consumer by the owner or legal occupant of the premises.